LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

whether I moved to the CAT or High court ?

Querist : Anonymous (Querist) 10 September 2010 This query is : Resolved 
I am Govt employee(Class-II)& law graduate in health care organisation working on adhoc capacity for last 12 years.I used to get the extension for the period of 6 months.In year 2001 interview for the regular posts held and I was being placed in the panel as waitlisted candidate But the waiting list was not displayed b y the employer.One appointed candidate has resigned from services but my candidature was not considered by the employer. I came to know about this fact through an RTI Application filed in year 2007 and made my representation to the employer.The employer gave its replied that my case cannot be considered for regular appointment as the resultant post has been floated into the reserved category

I filed the petition in the CAT who has given verdict in my favor with the apex court judgement that Reservation applied to the posts and not to vacancy and it has given differential treatment to the petitioner and directed the employer to regularise the services from date of accural of vacancy with all consequences admissible in law with in the period of 3 months. The judgement was pronounced in Feb 2010
After the period of 3 months, I send the reminder to the employer to kindly implement the order but I didn't received any intimation

Finally I move the contempt petition against the employer for willfully and delibrately non implementation of the order

My adhoc tenure was expired on June 2010 and the employer has not relaesed the salary of July & August 2010 with the contention that I have not applied for adhoc extension
So I filed separate Miscallneous Application in the CAT to give directions to the employer to release my salary with interests

If an employer gets the stay from the high court against the CAT order then CAT will be helpless in providing me the relief

Whether I should have to file another petition(OA) in the CAT with the relief that the matter is pending in the High court and CAT may give directions to employer to provide me the adhoc extension during the pendency of the trial

Or I have to file separate C.M(Miscallneous Petition) in the W.P of the employer to provide me the interim relief?

s.subramanian (Expert) 10 September 2010
Repeated query.
Kiran Kumar (Expert) 16 September 2010
if the cognizance has been taken by HC then approach HC in the pending writ petition.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :