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brijesh sharma   17 May 2017

Require civil advice

Thanx for previous advises. As my 25 years of services dispensed due to implementation on dated 25.03.2017 of erroneous judgement dated 06.07.2016 of Allahabad High Court. I am above 52 year of age and now over aged. Supreme court's judgment relevant with my condition Appeal (Civil) No. 133 of 2001 (Satish Rawat versus UOI & Ors) [2002 AIR 3380, 2002 (7) SCC 29] is mentioned here. All respected are requested please clarify from where I should approach for justice either Allahabad high Court or Supreme Court?


Learning

 4 Replies

Sudhir Kumar, Advocate (Advocate)     19 May 2017

No problem explained.                 

Kumar Doab (FIN)     31 May 2017

Pls respond as suggested by Mr. Sudhir Kumar.

brijesh sharma   27 June 2017

Respected Sir,

Namaste

Sir,

     Injustice from Higher Court:-

  1.  Against the wrong judgement dated 06.07.2016 of Allahabad High Court Passed in W.P. (C).No.43400/2002 (Ajay Prakash Dwivedi Vs UOI & Ors), I was filed SLP Civil No. 34506/2016 that was dismissed “liminie”  on 02.12.2016 by Supreme court.
  2. Against the wrong judgement dated 06.07.2016 of Allahabad High Court Passed in W.P. (C).No.43400/2002 (Ajay Prakash Dwivedi Vs UOI & Ors), Indian Council of Agricultural Research & Department was filed SLP Civil CC No. 4489/2017 that was revert to Allahabad High Court on 10.04.2017 for filing Review Petition against judgement 06.07.2016.
  3. Allahabad high court is already in influence of Council of opposition. The wrong Judgement one more time was passed same ex-partee on 10.04.2008 by another bench of this court. This time also methametical calculation was in my favour.

Respected Sir, Namaste

I want to contact you personally for proper advice, but your contact address and phone number is not available. If possible please help me.

Allahabad High Court Passed an erroneous judgement dated 06.07.2016 in W.P. C No. 43400/2002 (Ajay Prakash Dwivedi & Ors vs UOI & ors), in which I was Respondent No. 4. This Writ was filed on 04.10.2002 against Judgment dated 18.03.2002 of CAT Allahabad passed in O.A.No. 1081/1991 (Brijesh Sharma Vs UOI & Ors). In this erroneous judgment dt. 06.07.2016 of Allahabad  High Court given her (Erroneous) findings:-

Para No.9 & 10:- Criteria for selection was written test 70 marks+Interview 30 marks=Total 100 marks. Secondly in para No. 19 Petitioner No. 2 (Dinesh Pandey) had scored 29.4 and 20.7 marks (Means 29.4+20.7= i.e. 50.1 marks) in written examination and vivo voce whereas respondent No. 4 (i.e. I Brijesh Sharma) had obtained only 27.8 and 18.8 marks (Means 27.8+18.8= i.e. 46.6 marks)   in written examination and viva voce. In case marks of viva voce are ignored and written examination are taken then respondent-4 ( I, Brijesh Sharma) could nor have been selected in place of petitioner-2 (Dinesh Pandey).High court passed judgement assuming written examination was 70 marks, BUT

         As per affidavit of department and selection records submitted by department, selection criteria was Academic merit 30 marks+written examination 40 marks+ Viva voce 30 marks=100 marks. Petitioner No. 2 (Dinesh Pandey) had scored 19 marks in academic merit, 29.4 in written and 20.7 marks in viva voce (Means 19+29.4+20.7= i.e. Total 69.1 marks). Respondent No. 4 (i.e. I Brijesh Sharma) had obtained only 22 marks in academic merit, 27.8 and 18.8 marks (Means 22+27.8+18.8= i.e. Total 68.6 marks) if marks obtained in viva voce ignored Dinesh Pandey (69.1- 20.7=48.4 marks) Brijesh Sharam (68.6-18.8=49.8). Respondent no. 4 (i.e. I, Brijesh Sharam) having 1.4 marks higher from Shri Dinesh Pandey. But judgment is against me. Actually High Court passed judgment without seen the affidavit and selection record. This affidavit dt 20.01.2012 sumitted by ICAR & Department on the instruction dt 03.01.2012 of High Court.

 Applicants of  Writ P.C. No. 3400/2002 filed contempt and notice was issued and my 25 years service dispensed on 25.03.2017. You don’t believe that H. Court tolled lie in her judgment and that was further continue in my SLP. The investigation report dated 10.12.1992 that was submitted on Allahabad High Court on 06.09.2009 in which department’s investigation officer clear exposed that huge illegalities were held for these appointments and also recommends CBI investigation on page no. 61 of the report, but this was also ignored.

QUERY:- Against this erroneous judgment my SLP civil No. 34506/2016 dismissed limine without any speaking order on 03.12.2016, this was also not seen the affidavit and selection record. This is well settled phenomena that Review and Curative petition will the same result because same judge can’t change his earlier order.

SLP civil CC No. 4489/2017 filed by department (ICAR vs Ajay ….) reverted on 10.04.2017 to High Court to file Review Petition, unfortunately this time affidavit and selection record was not seen.

Department filed Review Petition in Allahabad in first week of May 2017 and same is still pending. Please tell what options left me because my 25 years old service dispensed on 25th March 2017?

Brijesh Sharma. brijesh64sharma@gmail.com. 9411028340, 7517583810

 

Kumar Doab (FIN)     27 June 2017

As already suggested and appreciated by you, you may show all docs, agreement signed by you, communications, evidences on record to a very able local senior counsel specializing in labor/service matters for a considered opinion.

Labor/Service matters is altogether different filed of law and at each location there are a few counsels that specialize in it and they are very well known.

Usually such matters are referred to them by any counsel worth his/her salt.

Lawyers handling civil matters usually do not meddle in Labor/Service matters.

Inquire locally for such counsels and you will have a list of all such few counsels at your location.

Chose carefully, a counsel that suits you.

Use the inputs received by you in this thread in your future endeavors.

Online discussions have its own limitations and are not substitute for considered opinion and consultation with due examination of relevant docs and inputs in person with a counsel specializing in respective field of .

 

There are endless numbers of threads at LCI also by unsuspecting querists that have been fleeced by posers posing as expert lawyers.

 The discussions at LCI are FREE and should not be exploited as a medium to allure unsuspecting querists to pay a FEE in the name of so called consultation……………


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