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Slp with delay condonation time limit

(Querist) 21 August 2014 This query is : Resolved 
I am employed in PSU as asst gen manager in engineering.. Now transferred as medical rep.to N E region where co. do not have factory/office.even though my service conditions are changed and salary reduction my writ appeal is dismissed by HC in Jan 14

Now may i file SLP in SC with delay condonations with valid govt medical certificates and non payment of salary in time...if yes..what is the time limit after expired time limit of 60days..?
ROHIT SHARMA (Expert) 21 August 2014
1. The delay is about eight months and if you have merits for the delay then your S.L.P. may be accepted.
Basavaraj (Querist) 21 August 2014
Sir..
I was sick from march 14 to may 14 and again
June 14 to July 14 in between the SC on holiday.I have valid govt doctor certificates.
More over company is making me economically weak by not paying salary since march 14 so as to stop proceeding to SC..are abv reasons are valid for delay..?
Pls advice

Isaac Gabriel (Expert) 22 August 2014
You may apply for the eligible leave so as to regularise your absence,else 'Stayed away from duty'might be framed against.If you engage a lawyer,he will manage the 'condonation of delay' while filing the SLP.
Rajendra K Goyal (Expert) 22 August 2014
It is court to codon delay if satisfied, you have acceptable reason.
malipeddi jaggarao (Expert) 22 August 2014
Well advised by experts. Nothing more to add.
ajay sethi (Expert) 22 August 2014
agree with experts
Basavaraj (Querist) 22 August 2014
Dear all...tnx for advise..
Sick Leaves from march 6th to may 8 th is applied but match 14 salary shown in form 16 but not paid to me..again April 14 & may 14 sick leaves neither paid nor rejected information from company.
Reported on duty in June 14 again due urgetnt health treatment on sick leave from June 15 the to July 15th with valid medical certificate but company paid June salary with loss of pay not unthorised absence...

Now I on duty from July 15th on words..but no july 14 salary is paid...in entire 9 moths work no unauthorised absence..at all..expept few loss pay.

Hence I am trying get good lawyer to help me file SLP at sc pls..give clarity and good lawyer to take up case in SC.
Anirudh (Expert) 22 August 2014
Please indicate as to what was your prayer(s) in the Writ petition filed by you before the High Court.
Basavaraj (Querist) 22 August 2014
Mr.Anirudh
1.First writ portion
Prayer was that my service conditions(engineering to marketing of medicines) was changed and transfer order was in mid of achdemic year requested for reconsider the same mentioning represention letter requesting to utlise my service in engineering dept to avoid non performance lcompany being in marketing dept.
The single judge order was favourable in mandamus in nature but company rejected.

2.second write filed again was dismissed
by same single judge quoteing clause no 15 of appointment order "employee can be transfered any where in india/abroad so court can not be interfiared referring SC judgments...but here he did not quoted in the order regarding the clause no 12 of appointment order says that employee can be transfers in any department/any shift/any job functions.

3.The write appeal with two bench the HC chief justice and other lawyer has again dismissed up holding the judgment of earlier single judge and clever enough to add clause no 12 of appointment letter in favour of company.

The question is why single judge after going through two write portions how he has not sighted the clause no 12 of appointment letter ...I smell rat here.

We all know that in our judicial system HC chief judge is more responsible and the system respect his judgements ...
Unfortunately.. He has red clause no 12 as a independent cluse...yes he is right..but in my view clause no 12 should be red as part and parcel of appointmentment letter ...
I have accepted the appointmentment letter as inter department transfer of any department like engineering & maintenance, engineering&project and engineering store etc...if the appointment letter was clear of intra department like marketing/hr/finance/security I would not have joined and ruined my carrier at the of 53...tnx for your time sir
Anirudh (Expert) 22 August 2014
Dear Basavaraj,

If you want, I can suggest a lawyer at New Delhi who can get the SLP drafted and get it filed through an Advocate on Record.

BUT, PLEASE TAKE IT FROM ME, THE CHANCES OF SUCCEEDING BEFORE THE SUPREME COURT IN YOUR CASE IS VERY VERY BLEAK.

Basavaraj (Querist) 22 August 2014
Yes...ur right tanks for ur advise...even SC can also read clause no 12 independently and company may transfer further to as security supervisor to reduce salary of Asst.Gen.Manager and due promotions...that is why I am taking options ...any way we Indians have to bare this..even constitution of india may be forcing professional to work non qualified jobs..in that case even judges may be transfered to police commissioner as at least they both equally qualified and both have legal knowledge...?
In my case it is different but our judicial system is all ways right..tnx for ur time.

I think SC can give judgement on Amirkhan PK poster case Why not favorable on this case..?
Anirudh (Expert) 22 August 2014
IF YOU SO FEEL, THAT SC CAN GIVE FAVOURABLE DECISION IN YOUR CASE (AS WAS DONE IN THE CASE OF AMIRKHAN PK POSTER MATTER), PLEASE IMMEDIATELY HAND YOUR CASE TO A LAWYER FOR PREPARATION OF SLP AND FILING.

ALL THE VERY BESTS.
Basavaraj (Querist) 23 August 2014
Tnx...Mr.Anirudh...

Mean Time before I proceed your valued comments are well considered.

I think you have given enough time for me

And finally I may request you what made you to discourage this case and can you pls tel me few demerits of this case.
I am eagerly waiting for your expert advise.
Anirudh (Expert) 23 August 2014
Dear Basavaraj,

You should know how the SC works as regards SLPs which are not a matter of right, but at the discretion of the SC.

These SLPs (hundreds in number) come up before the SC on Mondays and Fridays - just for consideration whether to be admitted or not.

All the files go to the house of the Judges prior to the hearing date. The SC judges completely go through the case files (from the synopsis, list of datas and the important questions of law that has been raised., delay and the duration of delay if any etc.) and come up well prepared (whether the Advocate is prepared or not that is a different matter.) The judges come after thoroughly reading the case files.

In your case, the issue involves first the transfer. Normally the Courts (and specially SC) does not interfere with transfer matters UNLESS it is shown to be totally discriminatory. IN YOUR CASE YOU CANNOT SAY THAT.

Two decision in your two writ petitions before the HC has been against you. THIS WEIGHS HEAVILY ON THE SC. This goes against you.

SC is not a fact finding body. It addresses the questions of law that has been raised in the SLP. I don't think that any substantial questions of law arises in your case, either from the order of transfer or from the order that has been passed by the HC, which merit consideration by SC.

I have sufficient experience in the SC and I know how the SLPs are getting disposed off. Advocates get less than 1-2 minutes to canvass in favour of the SLP.

Keeping all these factors, I gave my view. Please note, I did not discourage you, but only cautioned you and try to temper your expectations.

The ultimate decision whether to approach the SC by way of SLP or not is completely yours. (Pl. completely disregard and throw out my view if it does not of value to you.)


Basavaraj (Querist) 23 August 2014
Thanks a for very clear discriptive explanations and advise...

I was just thinking of options pls note

1.company has right to transfer on the basis of evaluation employee skills & experiences

2.The transfer is deviating my service conditions on which employed

3.company do not have etablishment/future establishment...even it there it is not disclosed for the last 9 months where I am transfred.example..how can judges are transfred where there is no courts operate..?

There is cause and effect at where I am working from home reporting through emails.

4.There is substantial salary reduction and salary are not paid for last 6 months.

With all above I was thinking it is malfied transfer...now SC can not help...what is choice lift to me...?




T. Kalaiselvan, Advocate (Expert) 27 August 2014
Nothing more to add.
Basavaraj (Querist) 27 August 2014
Any body can tell me what is the options for to save my carrier...pls
Kumar Doab (Expert) 16 May 2015




Repeated Query:

http://www.lawyersclubindia.com/forum/harassment-by-psu-121162.asp

http://www.lawyersclubindia.com/forum/Right-to-work-as-engineer-magmt-changed-service-conditions-99733.asp#.VVc0CVJ-hkg

http://www.lawyersclubindia.com/forum/Right-to-work-as-engineer-magmt-changed-service-conditions-99733.asp#.VVc0CVJ-hkg

http://www.lawyersclubindia.com/forum/details.asp?mod_id=18746&offset=1#.VVc2xlJ-hkg

http://www.lawyersclubindia.com/forum/details.asp?mod_id=18746&offset=1#.VVdDF1J-hkh

http://www.lawyersclubindia.com/experts/SLP-with-delay-condonation-time-limit-492141.asp#.VVdH0FJ-hkg


The earlier judgments seems to have been indicating that you were transferred since you could be transferred and there was no bias, malafide in it..........



How was 'evaluation employee skills & experiences' applied in your case?



And how were you demoted from AGM-Factory to a Medical Representative (MR)?


If demotion to MR was in order and justified then what duties/responsibilities of MR were made available to you? Developing infrastructure e.g. appointment of stockist etc is part of duties?


In other threads you have mentioned that location of transfer was made known to you after 9 months.


If you have decided to file for SLP engage an able counsel ASAP and let your lawyer draft your SLP and prepare well.


Share everything with your lawyer.




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