Writ against govt. officer of govt. company
santosh r satpute
(Querist) 06 August 2015
This query is : Resolved
Respected sirs ,myself is a govt. servant working in Govt. company i e state electricity transmission company......my query is can a writ can be filed agaist Divisional officer of our company to fix responsibility for , arbitrarily using his powers , misinterpreting the circular of company and based on that misinterpretation of circular , neglecting to disburse dues of some working and some retired employees , unnecessarily causing delay in getting guidance from higher authorities when circular is clear cut to understand.
Fact of case -
for employees who are appointed under OBC catagory , govt. of maharashtra has made mandatory to submit caste validity certificates before granting them benefits of GO II , leave encashment after retirement etc..........circular is very clear that it is mandatory to employees who are appointed under OBC quota.......but local officers are applying this circular to employees who are not appointed under OBC quota i e who are appointed under a scheme absorbing Nominal muster roll employees to company employees . the scheme was implemented in 1979 , 1081 , 1nd 1983 .........under this schemes many employeess of OBC birth , who were working on nominal muster roll were taken as company employees.........this appointment was under a decision of company then ......it was not appintment under OBC catagory ........even as per my knowledge , OBC reservation , quota started in 1992 ......but these appointments are happened in 1079 , 81 , 83 i e before OBC reservation started...........still local officers have not disbursed the dues of these employees , demanding OBC validity from them.....Higher authority is also not taking decision on this isssue .......matter is pending since one year......we want to file a writ in mumbai HC for this injustice ........can we do it directly ?....what will be cost for it ?? what is remedy for employees ????/ pls GUIDE
R.S.BANERJEE
(Expert) 07 August 2015
i think you should contact an advocate ordinarily practicing at mumbai high court. you can file the wirt following due procedure of rules of hon'ble high court of mumbai, as petitioner in person is always allowed. but only a legal luminary can better place your case in a proper way... i think !
Guest
(Expert) 07 August 2015
Your problem is not genuine. By the way, what constitutional angle you have found to be involved in the problem, as you have put your query under the heading "Constitutional"?
First of all, being an employee of even a Government company/ corporation, you have the need to realise your real position that you are not a Government servant, as you claimed in your description.
Secondly, even if there is any such problem of misuse of authority by any officer, you should also get prepared for disciplinary action against you, if you file a writ against any officer of your own company.
Rest depends upon your own wisdom, whether you want to waste your time and money by filing any writ by putting at stake your own service.
santosh r satpute
(Querist) 07 August 2015
Thanks R S Banargee sir , Thanks P S Dhingra sir......
Hon. P S Dhingra sir , if Companies Local officers are not disbursing dues of employees by misinterpreting the Circular and Higher authorities are not entertaining the problem of employees ,then what is legal remedy for them ???? pls Guide.
santosh r satpute
(Querist) 07 August 2015
Hon. Dhingra sir , can a retired employee go for legal remedies ? as he is already retired , there is fear of putting at stake his services ? ........what should he do ? pls Guide.
Guest
(Expert) 07 August 2015
Mr. Satpute,
The very first thing is that it is not your personal problem. The question arises, how you are affected with the problem?
Secondly, the basic thing you need to know is that you are not the decision making authority over the head of the authorities involved in absorption of the employees.
Thirdly, you have to go through the reservation & dereservation policy of the Government and Board resolution in that respect.
Fourth, you must have some solid proof against the corrupt practice of the officers.
Fourthly, you can approach the CVC with your complaint for necessary action, if at all there be any irregularity in the action of the authorities.
You don't have any legal right to sue your own authorities in the court of law, if the matter does not relate personally to you to affect your service rights.
I hope I have provided you sufficient guiding points. However, if you feel the need of any more advice, you may better send your detailed problem through email [dcgroup1962@gmail.com ] for further examination. Of course that will be subject to payment of my consultation fee.
Guest
(Expert) 07 August 2015
Mr. Satpute,
You should be satisfied that I have already replied your academic query, which normally I avoid.
Now your supplementary academic question is quite vague and irrelevant, if the problem does not pertain to you in person.
Still further, I have already stated, "if you feel the need of any more advice, you may better send your detailed problem through email [dcgroup1962@gmail.com ] for further examination. Of course that will be subject to payment of my consultation fee. So, get any consultancy after payment of consultancy fee and sending details of your problem at our email ID.
santosh r satpute
(Querist) 12 August 2015
Thank you P S Dhingra sir , Rajesh goyal sir for your valuable suggestions.
Guest
(Expert) 12 August 2015
You are welcome, but with genuine problems of your own.
