raj kumar Goyal 22 October 2017

Status Quo

The Hon'ble Court has ordered to maintain status quo on the appointment of contractual employee.

The department is saying that Status Quo order on appointment means the terms and conditions of appointment are also stayed. The department has increased salaries of similiar other contractual employees and refused to increase salary of my client.

Please guide regarding some authority, ruling, law so that the salary of my client can be increased like other similar employees during the pendency of writ petition and existance of Status quo order.

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7 Replies

Nitish Banka (lawyer) 22 October 2017

you may move appropriate application regarding clarification of order for salary

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raj kumar Goyal 22 October 2017

Application before Hon'ble Court or again before department?

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.

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raj kumar Goyal 22 October 2017

I appreciate Atul G for his very good response

raj kumar Goyal 22 October 2017

In this situation there are three (A, B & C) contractual employees. Department tried to replace one(Let us say A) contractual employee by appointing another new contractual employee.

Status quo was ordered to be maintained on appointment of A.

Now salary of B and C had been increased while that of A has not been increased.

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

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.