raj kumar Goyal 22 October 2017
Nitish Banka (lawyer) 22 October 2017
you may move appropriate application regarding clarification of order for salary
raj kumar Goyal 22 October 2017
Dr. Atul [9013898936] (Lawyer, Scholar) 22 October 2017
Strictly speaking, it would be correct not to hike salary of a contratual employee with a status quo order in force in respect of his contract. I don't know what case law you relied upon nor the actual status quo order in you case, but status quo orders in contractual employment are generally based on a basic premise that one contractual employee may not be replaced by another contractual employee on the same terms and conditions. This extrapolates to a contractual employee continuing under a status quo i.e. the conditions of his employment remaining the same; if the terms and conditions of employment were to change, it may justify terminating the contract even prematurely and inviting fresh applicants on fresh terms thus knocking the basis of an interim order.
There is a Gujarat High Court interim order directing status quo on conditions of service and modification to minimum wages but it was in rather peculiar circumstances of that case and I don't think it'd be a great help to you [fwiw] Pratapji Raghuji Thakor v. State of Gujarat (15.02.2016, Guj HC).
But it'd be proper to make an application before the Court which passed the order, as Nitish Banka says.
raj kumar Goyal 22 October 2017
raj kumar Goyal 22 October 2017
Dr. Atul [9013898936] (Lawyer, Scholar) 23 October 2017
Originally posted by : raj kumar Goyal | ||
Is there any other way for A instead of making application before Hon'ble Court.e.g. giving reperesentation and some authority to the department |
No. And the Deparatment rather not dare do it else it has its a** kicked by the Court. Make an application to Court, seek parity {with fingers crossed). You may try making a representation to the Department but even if they wished to, I don't think they'd take chances with a Court order in place.
raj kumar Goyal 23 October 2017