Urgent
prateekkkk
(Querist) 09 April 2015
This query is : Resolved
Respected members,
I have been transfered on promotion with stand relieve earlier and i approached CAT. The Honble CAT disposed off and told me to give representation to deptt and direct department to decide my representation as per rules, till then i remain allow to perform my duty on old post.
Now the deptt have decide my representation , without mentioning any rule in the order,and again stand relieved me.
whether a case of contempt petiton can be made or i file a fresh OA.? Please guide what future course of action i can adopt .
Guest
(Expert) 09 April 2015
What was your ground to approach the CAT against your transfer and what are the contents of the court order?
prateekkkk
(Querist) 09 April 2015
The grounds were:
1.DOPT guidelines on handicapped and our DG norms in which it has been stated to accomodate person on health ground in delhi itself.
2. One person has been retained in delhi on DOPT guideline which is not apllicable on him, showing discriminating attitude.
3. I challange the transfer policy para which states assistant will be transfered on promotion under SC judgement on classification, and article 14 of constitution.
4. the person on whose place i am going has not completed his tenure.
But the Honble CAT disposed of during arguments on interim relief by directing department to decide my reperesentation as per RULES., and given me liberty in case my grievance still not resolve to take appropritae legal course as per law
Guest
(Expert) 09 April 2015
When the interim relief was open ended making it clear for you, in case "grievance still not resolved to take appropritae legal course as per law"' contempt does not become justified.
So, file a case again in the CAT for permanent injunction against your transfer, not being under the DOPT guidelines.
prateekkkk
(Querist) 09 April 2015
means i can file interim relief for permanent injuction IN CAT against transfer and stand relieve order, so as to allow me on this post till the final order of the Honble court.
M/s. Y-not legal services
(Expert) 10 April 2015
yes. if you get interim order against your transfer mean you can continue your post till the final order..
prateekkkk
(Querist) 13 April 2015
thank you all experts for your valuable guidance
