Judment given by hon'ble supreme court in state of karnatka vs uma devi

Querist : Anonymous (Querist) 08 August 2011 This query is : Resolved
Sir,
I am seeking information in regrads to the Judgment given by Hon'ble Supreme Court in State of Karnatka Vs uma devi in which the apex court has given direction that adhoc employee despite of working for so long cannot claim regularisation which is binding on all courts such as CAT, HC

My query is that if adhoc employee working for fairly long discontinued from services and the employees allege that he has been victimised by his employer on the grounds of previous petition filed aginst him.

Whether he can made appeal into court or its worthless to file and contest the case because of judgment given by the Hon'ble apex court consisting of 5 judges ?

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Advocate Rajkumarlaxman (Expert) 08 August 2011
it depends upon the exact ratio decidendi. facts in actual. you have to through both cases and find the differences and if present then you can file an move further

Swami Sadashiva Brahmendra Sar (Expert) 08 August 2011
Though victimization and regularization are different matters but you can file petition if other similarly situated or junior employees are retained and only your services have been discontinued.

Querist : Anonymous (Querist) 08 August 2011
Sir,
I have been working on adhoc basis for 12 years in Institute and my services have been discontinued by my employer as my previous order of CAT become ineffective pertaining to my selection
Therafter, my employer had terminated my services as he get infuriated because I had filed Contempt Petition which he had taken personally

I filed the Original Application (OA) against discontinuation My original petition was dismissed by the CAT only on the basis of this judgment Uma devi Vs state of karnatka doctrine of legitimate expectation
In separate thread experts have informed me that i can challenge on the ground of victimisation which the Ld CAT has missed it and passed the order by relying on that Judgment

I have mentioned clearly in my petition that I had been singled out and has been openly discriminated by employer who declined to provide further extension

I have filed the RTI application from my employer whose reply is yet to come seeking information about the total strength of adhoc employees working In Institute

My query is whether I should plead under Review Petition before CAT or file Writ Petition before the High Court stating that discriminatory treatment has given to me

I have no faith in CAT judges what they speak prior to the making the order the reserved and what the order comes are usually totally differnt. They have very soft touch policies with the state

R.Ramachandran (Expert) 08 August 2011
I am not sure whether you are handling the case yourself or through an Advocate?

Querist : Anonymous (Querist) 08 August 2011
Thanks for message, Sir presently I am handling in person as the matter is becoming so much complex as for last 2.5 years I have been handling these issues
However, I sought the help of lawyers from time to time and I am also law graduate

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