(Guest)

Whether I should file 2 writ petitions separately or clubbed

Dear Sir,

Would you like to comment on the following.

I have filed the case of my closed friend before CAT in year 2009 as he has been arbitrarily denied against the post which was created in year 2002. The CAT has allowed my petition which was challenged by his employer before Divisional bench and was remanded for deciding the plea of Limitation and was dismissed on this ground. Now I am planning to file his writ petition against the CAT order.

Subsequently another post was created in year 2006 which was filled in same year 2006 without any notification. Now, I too wants to challenge his appointment by making the person appointed in year 2006 as party (as previously I could not made him the party because I was challenging the appointment held in year 2002)

Whether I should 2 writ petitions separately before High Court (one for challenging the CAT order by certerorai writ and other by madanmus writ for arbitrarily action of appointment held in year 2002) or should clubbed together in one writ petition? Or should I first agitate ir before CAT?

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2 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 11 July 2011

Dear Querist,

Since causes of actions are different and releif claimed are substantially dissimilar, You may consider filing two separate WRITs before same HC to obatin better remedy for two differnt causes.

yogesh (will tell you later) 12 July 2011

I could understand your problem

"New Delhi Law forum" rightly have said that you have to file 2 writ petitions as cause of action are sismilar and relief claimed are different but I want to add more on this

Since you have challenged the selection process pertaining to year 2002 before CAT which has remanded by High Court for deciding the plea of Limitation which was too dismissed by CAT and against that order you want to challenge before the High Court....Right!

At the same time you have miossed to challenge the selection process pertaining to year 2006 as the administration has offered seat to the other candidate without given opprtunity to you

For the second case instead of filing the writ petition before the High Court, you better move to the CAT first. Otherwise the same may be transferred by High Court in the form of Transfer Application to the CAT a s there is an alternative remedy is available

In short I will say for the selection pertaining to year 2002 file writ petition against the CAT order before the High Court which has dismissed on the ground of Limitation

And for the selection pertaining to year 2006, File Petition before CAT by making the appointed person as party

I think " New Delhi Forum" may also agree with my comment