Dear Sir,
Thanks for providing me valuable opinion from time to time. I am seeking an opinion in regards to separate petition which I am planning to file before CAT
Brief factual matrix
I have been appointed on adhoc basis in organization in 1998 and participated in the selection process held in year 2001 against 2 Unreserved posts and I was placed as waiting list. But the waiting list was not displayed/notified. Subsequently a vacancy was created due to the resignation of one employee but my case was not considered and I was too not aware of the same
Therafter in year 2005, one Reserved Post(SC) was created and one person was given appointment against the Reserved post(SC) and one person was placed in waiting list against the Reserved Post (SC)
Thereafter administration had notified one post under Reserved category (OBC)
Another Unreserved Post (UR) was vacated due to the termination of one employee and THIS TIME MY EMPLOYER HAD PLAYED WRONG TACTIC BY DIVERTING THE POST TO OTHER CANDIDATE WHO WAS PLACED UNDER RESERVED POST (SC) WITHOUT HOLDING ANY ADVERTISEMENT
I get suspected of filling the post in very clandestine manner filed RTI Application and I too get shocked to learn that my name was there in waiting list and I was denied appointment and I made representation which was rejected IN 2008 and then filed Petition (O.A) before CAT which was allowed on 2010 but the employer did not implement the order and move to High Court which was send back for limitation and challenged the High Court order by the way of SLP which was dismissed. The CAT has dismissed on the grounds of Limitation and was upheld the order in review petition in June 2011. Now I am planning to file the writ petition against the order
In between, the Respondent has discontinued my services in Nov 2010 without releasing my salary for last 5 months. The cat has only given me partial relief for releasing the salary for 5 months without reinstating me because of one case state of Karnataka vs Uma devi case in which adhoc employees has no right for reinstatement. This too I am going to challenge it before High Court for not reinstating me
Now I am filing separate Petition for challenging the appointment of one candidate without holding any selection process by making him the party in year 2006 with relief that they too adhere to wrong procedure without giving any opportunity to other candidates.
Whether this will going to be right in regards to my petitions which I am going to be filed in the High Court?
Whether challenging his appointment may give any relief for reinstatement?
Or I should not file this petition before the CAT ?
