Whether fresh writ petition for framing scheme for adhoc employees will going to him ?
Querist :
Anonymous
(Querist) 23 December 2011
This query is : Resolved
Whether filing fresh Writ petition seeking direction for framing scheme for adhoc employees will going to help him
I am not expertise in service matter but I have contested the case of my close relative who was terminated/discontinued from “Medical Institute” after nearly serving on adhoc basis for nearly 12-13 years before CAT. The CAT rejected the petition by citing 5 BENCH order passed by Supreme Court in State of Karnataka vs Uma Devi citation SCC 2006 given by 5 bench judgment I made an appeal before High Court and has raised in different manner that he was only singled out from the rest of the 199 adhoc employee who are working in B & C categories. The H.C gave time to the respondent but again it was dismissed by citing the same order passed by S.C I think its worthless to approach before SC as the order hass already been passed by 5 member bench and has little hope of receiving any relief. I saw many judgments of SC which too has been relied on the same without going into other peculiarities I came across through various RTI Applications filed by him and I surprised to learn that Institute has regularized the services of Group D employees in regards to scheme evolved by standing finance committee on 2008 while no policy has been evolved for B & C category employees under which my relative was placed as result the status of the adhoc employees placed under B & C category. The policy makers were well verse with the decision passed by the SC passed in 2006 in Uma devi case(supra) and yet they have evolved the policy for D category employees only by compromising the merit..Whether filing fresh writ petition before the HC seeking the direction for framing scheme for adhoc employees working in B & C category will going to help or should I filed the SLP befoe the Supreme Court of India
Raj Kumar Makkad
(Expert) 23 December 2011
No benefit can be got derived by filing fresh writ petition on the same matter which has already been decided by full bench of Hon'ble Apex Court and indicated in your writ petition by High Court as well as by CAT.
prabhakar singh
(Expert) 24 December 2011
I agree with opinion expressed.
Devajyoti Barman
(Expert) 29 December 2011
Repeated query on the same subject matter.
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