Inter se seniority between direct recruits & promotes
Dhirendra Singh
(Querist) 28 November 2014
This query is : Resolved
i am working in Airports Authority of India(AAI),a public sector undertakings.AAI has its own Recruitment & Promotion rules i.e. R&P rule 2005 in which it is mention that ratio of DP & DR will be 3:1 and seniority rules are true copy of DoPT order 1986.
it is noted that last direct recruitment was done in 1998 after that they have not recruited any single DR managers however released departmental promotion regularly by ignoring direct recruitment.
till oct 2007 it was around 1065 total sanctioned post but none was the Direct recruits.
finally ,AAI has advertised recruitment for E-3 level (Group A) manager post in october 2007 for vacancy of 2005 & 2006.however no details of DR quota vacancy from 1998 to 2004.
Now AAI has taken about 32 months to complete this recruitment process & in between given 475 departmental promotion with intention to keep DR juniors to DP.
AAI have declared the final result in feb 2010 for 171 post& published in AAI website .next day AAI withdraw the result from website & have done a blunder to reduce DR by curtailing the seats by 50% of advertisement without any justified reasons.however after the litigation & intervention of the court it was resumed.
after our joining i.e. may 2010 AAI stopped publishing seniority list of Manager(Elex) however releasing promotion regularly & even from retrospective dates to give maximum advantages to DP's under stagnation relief etc without publishing seniority list.
we have represented many times for releasing integrated seniority list of DR & DP and to stop promotions without releasing seniority list.but no response from AAI till date.
AAI is assuming that as per R&P rules which are true replica of DoPT order 1986 actual joining date i.e. may 2010 will be taken for seniority consideration therefore all DP's promoted before may 2010 will be seniors to us.so they are giving promtotion as per rule & no need to issue seniority also.
However AAI is misinterpreting their own rules & DoPT rule 1986 also. as per this rule "the relative seniority will be determined as per roster/rotation of vacancy for that year ,if to the extent direct recruits are not become available in any particular year,the promotees will be bunched together in the bottom of the seniority list below the last person from direct recruitment".
here if AAI is assuming actual joining of DR for consideration for seniority & taking advantage to delay the recruitment so that DR will not become available n particular year till all DP's promoted. like in our case AAI has taken 32 months & promoted 475 DP's in between.
Apex court in his milestone judgement dated 27.11.2012 in N R Parmar case truly interpreted the DoPT 1986 order & said that " the Availability of DR is the date of initiation of the process of the recruitment that is the date of sending requisition to recruiting agency for recruitment" .
after this judgement DoPT has also issued an order dated 4th march 2014 for true interpretation of the 1986 order & said that effective date will be 27.11.2014 (Judgement date) and settled case with whatever the interpretation of 1986 order taken befor this may not be reopen.
However AAI is adamant to not accepting apex court judgement by saying it as a case specific and not accepting DoPT order by saying that as an public sector undertaking they have their own rules & seniority will be govern by this only by their own interpretation.
we have given many representation but AAI is acting as a dictator & adamant to listen.
some of our friends already filed an writ petition in High court of delhi but it was mishandled by our advocate,case went for regular hearing without any interim relief. only single hearing was done in the court & in this also our advocate was absent & petitioners was outsider so they were also not present thus not a single word from our side in court therefore this case went for regular list of hearing.
now new 367 post have been created & promotions may come any time ...
pls suggest suitable action ...
dhirendra singh
Manager(elex)
Airports Authority of India
Devajyoti Barman
(Expert) 28 November 2014
File a writ petition in high court citing the direction of the supreme court order.
Anirudh
(Expert) 28 November 2014
Dear Mr. Dhirendra Singh,
In your case, the process for direct recruitment was initiated (I take it as advertised) by AAI in October 2007. Therefore at best, in terms of N.R.Parmar's decision, you will get your seniority in the year 2007-08 and not before.
If AAI is not giving you the appropriate seniority, then you have to knock at the doors of the Courts.
Guest
(Expert) 28 November 2014
Dear Dhirender Singh,
If your advocate remained absent on the very first hearing, what I can guess, he must have not been able to appropriately understand the complexity of the case, even if prepared and filed by him. In inter-se seniority cases, there are several criteria, e.g., quota, seniority rules, recruitment rules, Government orders decisions, date of adoption by the Board, date of joining of candidate, etc. that have to be understood properly. Which of the criteria fits how and why is the only expertise of the advocate to to give stress for winning a case.
The most important element of the case is whether you have prepared the background well and solid before approaching the court of law.
Although I don't know what is in store in the shape of documents with you, your lawyer, and what made part of the court case, but one thing is certain that your case seems to be premature and week, if the DOPT order has not yet been adopted by the Board of the AAI.
Rajendra K Goyal
(Expert) 28 November 2014
Agree with the views of the expert PS Dhingra ji.
Dhirendra Singh
(Querist) 28 November 2014
first of all thank you very much to all experts for sharing your valuable views ..
Dhirendra Singh
(Querist) 28 November 2014
@Barman sir..sir we have already filed a writ petition in Hon'ble high court of Delhi & case is in regular list of hearing.
Dhirendra Singh
(Querist) 28 November 2014
@ anirudh sir...sir we are demanding our seniority at least from 2007 or earlier whichever the date of initiation of the recruitment.
Dhirendra Singh
(Querist) 28 November 2014
@Dhingra sir & Goyal Sir...sir I also think that our advocate was not able to understand the complexity of the matter & importance of the case & you may say we were not able to make it happen. but he was the legal expert & we don't have that much legal knowledge.. now the needle already moved & our case is waiting for his tern in regular list of hearing..so we have to think from this stage in positive way..
Dhirendra Singh
(Querist) 28 November 2014
@Dhingra sir & Goyal Sir...I don't know why AAI has not issued any order on the basis of DoPT guidelines but as we have documents that this order is already fully implemented in Income Tax department & BSNL ,a public sector undertaking also issued an order on the basis of this DoPT march 2014 order.
actually this DoPT order was released after the rejecting the review petition by the Apex court & after the consultation of Ministry of Legal affairs .
Dhirendra Singh
(Querist) 28 November 2014
@ sudhir sir..what we should do sir now?
Dhirendra Singh
(Querist) 28 November 2014
the brief of our case is ..
1. AAI is very much against the direct recruitment under pressure of DP's otherwise AAI could not have stopped direct recruitment since 1998 to 2006 by ignoring his own rules & regulations.
then AAI tried to fill DR vacancy through departmental exam again by ignoring his own rules of direct recruitment , however it was unsuccessful due many objection.
then in oct 2007 ,AAI advertised the vacancy in open market and again to give maximum advantage to DPs ,the recruitment was delayed till all eligible DP's promoted (approx. 475). this recruitment taken 32 month while other similar exam in AAI taking on an average 10-12 month only. this delay shows malafied intention of the AAI clearly.
AAI published list of 171 successful candidates in his own website & very next day reduced it to 50% , again showing biased nature towards Direct recruits. however after the litigation & intervention of the court it was normalised.
Dhirendra Singh
(Querist) 28 November 2014
2. Neither the integrated seniority nor the separate seniority of DR & DP managers in CNS department have been published from our date of joining ie. from May 2010 itself however seniority of all other level in CNS department itself has been published on regular basis.it is to mention that Promotion to DP's have been given by AAI regularly without publishing or circulating seniority list, this is clear cut violation of the law of the land & AAI depriving our rights & doing illegal promotions continuously in spite of our continuous representations. even AAI has not replied any application written by us to solve this issue & to publish our seniority at earliest.
Dhirendra Singh
(Querist) 28 November 2014
3. Apex court have elaborated & true definition of 1986 DoPT order which is mother of all seniority rules. now this become law of the land. govt. of India has also accepted this & issued order to compliance this through a fresh DoPT order .now AAI how can say that this judgement is case specific & not binding to him. if it is case specific then why Govt. of India need to issue general guidelines on it. it means the AAI is outside the country & law of this land is not binding to him.
if AAI is an Public sector organisation running through the money of the public of India then how it can say that law of the land is not applicable to him.
Dhirendra Singh
(Querist) 28 November 2014
4. after the Judgement in N R Parmar case ,which gone against the govt. of India & rejection of the review petition in this case by the Apex court ,DoPT consulted the Ministry of Legal Affairs & on advice of them DoPT have issued a fresh order dated 4th march 2014 with instruction that effective date of this order will be from 27th Nov 2012 (Judgement of the Court) & with advice that the settled case may not be open.
Now AAI is saying that DoPT order is also not binding to them as AAI has its own Recruitment & Promotion rules (R&P 2005). now we not able to understand that AAI is which type of organisation to whom neither Hon'ble Supreme Court order is binding nor the Govt. of India Order is binding.
as Apex court clearly interpreted the availability term of DR "the DR will be treated available from the date of initiation of the recruitment process" therefore we should be treated available from 2007 or earlier & seniority should be given from then.
as our seniority list never published in spite of various representation & we also not got any promotion basis of any seniority list so far therefore our case is not settled so under this DoPT guidelines also we should get our seniority from 2007 or earlier.
Dhirendra Singh
(Querist) 28 November 2014
now sir please guide after understanding the case.. what we can do to move further.
dhirendra singh
Anirudh
(Expert) 28 November 2014
You say that the writ petition has gone into regular hearing. The high court did not grant any interim relief.
Please indicate the following:
1. What was the prayer in the writ petition?
2. What was the prayer in the interim application?
Guest
(Expert) 29 November 2014
The question is, when your own lawyer has gone missing and you are unable to reply to the queries of the experts here, what can be suggested off hand by any one. In addition to providing information on the queries of Mr. Anirudh, it would be better for you to first discuss your lawyer's strategy to fight the case, how he has been able to link the issues of quota, seniority rules, recruitment rules, Government orders decisions, date of adoption by the Board, date of joining of candidate.
After that it would be useful for you to seek advice of the experts or clarification of your doubts at this site. You should not keep the experts in guessing position or to use their own presumptions without knowing the facts of your case.
Sudhir Kumar, Advocate
(Expert) 29 November 2014
By now it is clear that you already have a case and a bunch of 5-10 Kg papers to be read before forming any view. You meet another lawyer if you do not trust the present one.
Sudhir Kumar, Advocate
(Expert) 29 November 2014
repeated
http://www.lawyersclubindia.com/forum/Inter-se-seniority-between-direct-recruits-and-promotes-113081.asp#.VHkqmWeO5G0
Dhirendra Singh
(Querist) 29 November 2014
Respected sir, there was no separate interim relief application filed...Prayer in main WP is as follows.................. ...................
P R A Y E R
In view of the above facts and circumstance, it is most respectfully prayed that this Honorable Court may be graciously pleased to grant the following relief:
a) Issue of a Writ of Mandamus or any other Writ, order or direction in the nature of a writ, commanding the respondents to determine /finalise and publish immediately the Seniority list of the Direct recruits of the year 2007 in the cadre of Manager (Electronics) in terms of Regulation 30.1.1 of the Respondent Authority and the principles laid down by the Hon’ble Supreme Court of India in the matter;
b) Issue of a Writ of Mandamus or any other Writ, order or direction in the nature of a writ, commanding the respondents to determine /consider the case of the petitioners and other similarly placed batch mates for promotion to the post of Sr.Manager(Electronics) in the Cadre upon fixing their seniority from the date of their eligibility with consequential benefits;
c) Issue of a Writ of Mandamus or any other Writ, order or direction in the nature of a writ directing the respondent not to effect any promotion of Sr.Manager(Electronics) without finalizing the integrated seniority list of direct recruits and promotees of the year 2007;
d) Issue any other writ order or direction as this Hon’ble court may deem fit and proper in the circumstances of the case and
e) Award cost of this petition to the petitioner
New Delhi
Dated: PETITIONERS
Dhirendra Singh
(Querist) 29 November 2014
sir...there is no link to attach file
Dhirendra Singh
(Querist) 29 November 2014
Respected sir,please find copy of representation given by us to AAI,it will give an overview of our grievances...
25th August 2014
To MOST URGENT
The Member (ANS),
Airports Authority of India, R G Bhavan, Safdarjung Airport,
New Delhi – 110 003
The Executive Director (CNS-OM),
Airports Authority of India,
R G Bhavan, Safdarjung Airport,
New Delhi – 110 003
The Member Secretary,
Grievance Redressal Committee(GRC),
Airports Authority of India,
Room No. 224, ‘A’ Block,R G Bhavan,
Safdarjung Airport, New Delhi – 110003
(Through Proper Channel)
Sub: -Request to stop promotions of E-4 level withoutfixing Inter-se-seniorityof theDR & DPmanagers in CNS cadreand conduct review DPC accordingly.
Sir,
This is regarding fixation of inter-se seniority of the Direct Recruit (DR) &Departmental Promotee (DP) Managers in CNS department. In this connection, I want to bring following facts for your immediate kind attention &necessary action please:–
1. The last seniority list of Manager (Com-Elex) as on 01.01.2010 was issued by AAI vide CHQ letter no. A.23011/09/2012-EC/158 dated 03.03.2010 that was before my joining in E-3 level. Thereafter, AAI never published/circulated any seniority list of Manager (Com-Elex) till date. However, seniority lists of all other grades including Manager (Com-Tech)/(Com-Ops) are being published on regular basis. I have submitted an application dated 21.01.2013 through proper channel as well as through fax/email to fix my seniority in the seniority list of E-3 cadre of CNS. But AAI has not given any reason for not finalizing and fixing my seniority list in light of applicable rules/settled law and moreover, they are releasing promotions without considering my application& in absence of concerned seniority list. More than four years and three monthshasbeen elapsed of my joining in AAI at E-3 level and I am still absolutely clueless about my position in seniority list of Manager (Com-Elex).
2. Most importantly, AAI has not finalized the combined seniority positions of the DRs & DPs and awarded huge number of retrospective promotions (around 470) over and above the sanctioned strengths by creating supernumerary posts earlier and again the AAI released promotions to the post of Senior Manager (Com-Ops) vide order no.A.32013/70/2014-DPC dated 08/08/2014 without considering my legitimate request to fix my seniority position as per applicable rules and settled law and further intends to award huge number of promotions to E-4 cadre at any time.This inaction of the AAI has caused colossal damage to my career as hundreds of DPs (who are clearly supposed to be junior to me, as per the unambiguous rules in force) are already promoted to higher grades and clusters, keeping my seniority in captive abeyance.
3. Consequent non fixation of seniority at the due place has deprived my regular promotion as SM at due time though otherwise eligible. It is worth mentioning here that in Service, the ranking of an Officer in the seniority list is determinative of his future career prospects. It is an index to attain one's reasonable aspirations and expectations. It should not, therefore, be kept fluctuating. The fluctuating ranking would seriously tell upon the nerves of the affected Officer. As far as possible, it must be kept certain and free from dispute. An equitable treatment to all members of service within constitutional periphery is needed for positive parity among direct recruits and departmental promotees.
4. It is again submittedthe facts mentioned in my previous application dated 21st January 2013 that I, Dhirendra Singhhad been selected for the post of Manager (Com-Elex) as a DR candidate against the vacancy notified for 171 posts in Advt. No. 2/2007 dated October 2007. After selection and completion of mytraining, I have been postedat VSI Airport, PortBlairin 2010. My recruitment process was exceptionally delayed (refer Table below) and completed in four calendar years meanwhile hundreds of departmental candidates being promoted from E-2 to E-3 level [from 2007 to 2010].
Approval of Vacancies Advt. Details Examination Date Interview Date Date of Final Result declaration Date of joining Total Time Taken
By MAB in 2007 and earlier 2/2007 published
in October, 2007 9th Nov., 2008 August, 2009 February, 2010 17th May, 2010 Four Calendar Years (2007- 2010)
5. In AAI, R & P Rules-2005 the relative seniority between direct recruits and departmental promotees is governed by clause no. 30.1.7 to clause no. 30.1.11 which are borrowed from DoPT OM No. 35014/2/80-Estt.(D) dated 07.02.1986. As a matter of fact the relative seniority of all direct recruitsand promotees to a particular cadre are to be decided as per instructionscontained inthe DoPT OM No. 35014/2/80-Estt.D dated 07.02.1986 which is subsequently consolidated by DoPT OM No.22011/7/86-Estt.(D) dated 03.07.1986. The instructions contained inthese OMs provides that “The relative seniority of direct recruits and of promotee shall be determined according to the rotation of vacanciesbetween direct recruits and promotees which shall be based on the quota of vacancies reserved for direct recruitment and promotion respectively in the Recruitment Rules.” Further it states that “If adequate number of direct recruits does not become available in any particular year, rotationof quotas for the purpose of determining seniority would take place only to the extent of the ‘available’ direct recruits and the promotees.”
6. The above mentioned instruction stands examined by the Hon’bleApex Court while deciding the dispute of the inter-se seniority of the direct recruit and promotee in the Income Tax Department in Civil Appeal Case No. 7514 of 2005. The Hon’ble Apex Court has heldthat –“the inter se seniority of the direct recruits and promotees is to be fixed strictly according to the instructions contained in DoPT OM dated 07.02.1986 i.e. following the principle of rotation of quotaamong the available direct recruits and promotees recruited against the vacancies of a particular recruitment year through different sources”. The availability of direct recruits against vacancies of a particular recruitment year was analyzed to mean the “year of initiation of action of recruitment” or the “year of initiation of recruitment process” which were further explained to mean “the date of sending the requisition to the recruiting authority”. (Reference at Para no 22 (b), 23(a) & 23 (b) of the Judgment). Further the Honorable Supreme Court of India has concluded that “In case of direct recruitment, if the administrative action in filling up the post by DR takes more than a year or so the individual cannot be held responsible for such administrative delay and hence it would not be appropriate to deprive him of his due seniority for delay on the part of administration in completing his selection by direct recruitment and the seniority of direct recruits would be reckoned with reference to the date of initiation of the process of recruitment”.
7. The similar matter examined by the double bench of Hon’ble Apex Court in Judgment dated 24/05/2006 while deciding the dispute of the inter-se seniority of the direct recruit and promotee in the Arvinder Singh Bains versus State of Panjab & others in Civil Appeal No 6373 of 2001. The Hon’ble Apex Court has held that
(a) Even otherwise the direct recruits can never be senior to promotees if date of appointment is made the sole criterion in determining the seniority as their process of selection is always lengthier than the promotees.
(b) Making date of joining as the basis of determining seniority would have led to discretion in the hands of the Government and there would have been a possibility of misuse. It is to avoid this that a Roster has been prescribed in the Rules for fixing seniority.
(c) That by getting appointment orders ahead of Direct Recruits the promotees had already enjoyed more perks than the Direct Recruits by way of pay etc. This became possible because the selection process of promotees was shorter as compared with that of Direct Recruits. The injustice to Direct Recruits cannot be compounded by relegating them in matter of seniority also by placing the promoteesenblock above the Direct Recruits especially when both of them (promotees and Direct Recruits) were selected against same requisition.
(d) That the promoted officer has got the advantage of having been promoted before it became his due and is not being made to lose his promotional position. The dispute is confined to one of seniority only. The advantage received by the promotee before his chance opened should be balanced against his forfeiture of claim to seniority. If the matter is looked at from that angle there would be no scope for heart-burning or at any rate dissatisfaction is expected to be reduced so far as the promotees are concerned."
(e) This Court said rota and quota must necessarily be reflected in the seniority listand any seniority list prepared in violation of rota and quota is bound to be negated.
8. It is appropriate to mention that the judgment in N. R.Parmar case is the law of the land as on today and it has to be necessarily implemented without any further delay. If AAI do not accept this and releases SM promotions without fixing inter-se-seniority, it will surely suffer a serious legal infirmity and will be abusive to law of the land. Therefore, it is quite illogical and irrational that AAI is going ahead with the promotions based on the principle which has been declined by the Apex Court.
9. It is also desired by the Parliamentary Standing Committee on Home Affairs in its 44th Report that “it is needed to act upon the pronouncements of CAT, Honorable High Courts and the Honorable Supreme Court in service matters and to streamline and improve the service rules and conditions so as to reduce the litigation in service matters.” It is widely circulated via DoPT OM No. A.11019/2/98-AT dated 03rd September, 1998. Govt. of India has issued directives to all departments repeatedly to curtail the litigation in service matters and to judiciously examine and settle the grievances of service matters in the light of court judgments.
10. Accordingly,DoPT vide its O.M. No. 20011/1/2012-Estt(D) dated 04.03.2014has issued necessary guidelines regarding inter-se seniority of direct recruits and promotees. This DoPT order says that the matter has been examined in pursuance of Hon’ble Supreme Court Judgment on 27.11.2012, in Civil Appeal No. 7514-7515/2005 in the case of N.R.Parmar vs. Uol&Ors in consultation with the Department of Legal Affairs and it has been decided, that the manner of determination of Inter-se-seniority of directrecruits and promotees would be as under:
The rotation of quota based on the available direct recruits and promotees appointed against the vacancies of a Recruitment Year, as provided In DoPT O.M. dated 7.2.1986/3.07.1986, would continue to operate for determination of inter-se-seniority between direct recruits and promotees; Recruitment Year would be the year of initiating the recruitment process against a vacancy year; Initiation of recruitment process against a vacancy year would be the date of sending of requisition for filling up of vacancies to the recruiting agency in the case of direct recruits(copy attached for reference).
11. Recently, AAI has reviewed the seniority lists of various disciplines (on the recommendations of Committee on Inter-se-seniority) with effect from 01.02.2005 (effective date of AAI R&P Rules, 2005) and thereafter conducted review DPCs and awarded retrospective position. I have already been deprived of my due seniority and remuneration/ pay fixation for years now, which needs to be rectified as per the natural law of justice as well as on true construction of relevant clause of R&P Rules, 2005 (clause 30.1.7).
I therefore humbly request you:
i) not to proceed with any further promotions of E-3 to E-4 level in CNS department till finalization of the inter-se-seniority of the Direct Recruit (DR) and Promotee (DP) Managers in CNS department.
ii) to fix my seniorityfrom the year 2007 or earlier whichever is the year of initiation of the recruitment process in accordance withAAI R&P Rules, 2005in light of the judgment of the Hon’ble Supreme Court in the case of N.R. Parmar (supra)&DoPT O.M. dated 04.03.2014andthereafter conduct review DPCs that may become necessary as a result of preparation of inter-se-seniority list expeditiously.
I shall be highly obliged for your kind and justified decision.
Thanking you,
Yours faithfully,
(Dhirendra Singh)
Manager (Com-Elex)
Copy for information & necessary action please: -
1. The Secretary, Ministry of Civil Aviation,
R G Bhavan, Safdarjung Airport,
New Delhi – 110 003
2. The Member (HR), AAI,
R G Bhavan, Safdarjung Airport,
New Delhi-110003
3. The Chief Vigilance Officer, AAI,
RG Bhavan,Safdarjung Airport,
New Delhi – 110 003
(Dhirendra Singh)
Manager (Com-Elex)
Dhirendra Singh
(Querist) 29 November 2014
respected sir ...i understand that much pain i am giving you to read my case & reply...but when i gone through this website i read your advice on various issues & thus found a platform of experts to discuss our issue..i am very very thankful to all of you & lawyersclubindia who have actually provide a platform for a common people like us to put our issues in front of experts like you otherwise who can think to discuss issue with you so easily & smoothly...
venkatesh Rao
(Expert) 29 November 2014
Kindly refer Gonal Bheemappa vs state of Karnataka case which has put an end to DR and PR controversy.
Dhirendra Singh
(Querist) 29 November 2014
Sir please refer latest judgement given by Apex Court in N R Parmar case this is fully identical to our case which deals with delay in recruitment to fix inter se seniority of DR & DP. this is a landmark decision after which government of India have issued general guidelines so I think as this is the latest case it will be the law of the land at present to deal with inter se seniority of the DR & DP.
Dhirendra Singh
(Querist) 29 November 2014
as the review petition in N R parmar case rejected & government taken view of the Ministry of Legal Affairs and then only Government have issued guidelines accordingly. so in my views this judgement prevail all earlier judgement to consider seniority disputes at present.
Anirudh
(Expert) 29 November 2014
When there was no prayer for interim relief in the petition, HOW CAN YOU SAN THAT case went for regular hearing without any interim relief because of mishandling by the advocate?
Are you talking responsibly?
Dhirendra Singh
(Querist) 30 November 2014
sir ..because we were not aware about the procedure for interim relief..we were thinking that prayer made in main writ itself work for the interim relief..with due respect its advocate to follow the legal procedure and our advocate not filed any interim relief application till date..another think sir as our advocate knows well that petitioners are outside of delhi & advocate told that they need not to come on very first hearing in front of hon'ble judge..advocate could not reach for hearing..even when he reached & we asked updates on phone ,he never told about the case went for regular list..when we came to know that our case went for regular hearing ,we asked then he told that it doesn't matter..he will file application for early hearing but that also not filed on time even till now...anybody can check the case history in High court website & make conclusion..most of the time he was absent & when reach it was always late..we have asked about his absence then he told that high court website is not updated his presence & its clerical mistake...we were believing on him & finally we are here without any result in hand .
you may say sir that somehow we were wrong & due to our ignorance it was happen...
Dhirendra Singh
(Querist) 30 November 2014
sir..now what we should do ? whether we have to move early application? and whether we can move separate application for interim relief?
how our case can come out from regular list of hearing and how we can get interim relief ?
whether promotion released without integrated seniority list of DR & DP can be quashed ?
how we can stop upcoming promotions without resolving our issue?
Sudhir Kumar, Advocate
(Expert) 30 November 2014
you already have a large no of papers. kindly meet advocate near you as so many facts and papers can neither be shared here nor can be fully appreciated.
Furthermore views expressed here are liable to be approached by your opposite party.
Guest
(Expert) 30 November 2014
You don't want to adhere the advice to check with your own lawyer, as to how he wants to proceed with the case, including for interim relief. If checked with your lawyer, you also don't want to reveal what he says on the issue of interim relief.
Even if some one suggests you without seeing the contents of your application, would you file application for interim relief at your own independent of your lawyer?
By the way, what exactly the interim relief you want from the HC, as prayers included in sub-paras (a) to (c) are of main issues to be decided by the court?
Dr J C Vashista
(Expert) 30 November 2014
Reply the question raised by expert Sh. PS Dhingra.
Dhirendra Singh
(Querist) 30 November 2014
ok sir ..we are in process to change our old lawyers ,so as your advice we will discuss with him only.
T. Kalaiselvan, Advocate
(Expert) 01 December 2014
I think the experts have given proper advise to the author, now the author has to decide about further course of action, which means whether to file an application for interim relief, if so, what relief? whether to change the lawyer, if so, whether the new lawyer will be apprised of the flaws committed by previous lawyer and the present one will be convinced to proceed plugging the flaws in the future proceedings, decide the technical issues too.
Dhirendra Singh
(Querist) 02 December 2014
Dear sir,...we are in process to change the lawyer..but we are facing difficulties as we belongs out of Delhi to find a experienced lawyer who has depth knowledge of service matters..pls advice ...if you dont want to advice in open platform than kindly advice on my mail dheeru.ernet@gmail.com
ajay sethi
(Expert) 02 December 2014
you can contact MR Anirudh in this regard .
Guest
(Expert) 02 December 2014
Well Advised By Mr.Ajay Sethi.It would be Great Help to the Author/Querist If he Could Furnish the Details of Concerned Expert to Querist since his/her Profile is yet to be UpDated Please.
