Compassionate appointment

debi prasad mohanty (Querist) 30 June 2013 This query is : Resolved
Cat order in 2001

HC -dismiss departmentalt appeal against cat order in the year 2003.

SC -dismiss departmental appeal against HC and Cat order and order to implement CAT judgement passed in 2001 in the year 2010 december.SC not interfere against HC and cat order.

Allthough i got the service in 2011 by virtu of that order retrospective application cat of order was not yet made .resulting loss of pensionary benefit and arrear dues etc.

Question -I want to know in this case retrospective implimentation of order was justified or not.

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Rajendra K Goyal (Expert) 30 June 2013
It depends upon the orders. Without going through the orders no view can be expressed.

Sudhir Kumar, Advocate (Expert) 30 June 2013
you have not quoted any fact os no advise.

Raj Kumar Makkad (Expert) 30 June 2013
It attracts contempt of court on the part of the department so exhaust this and get your legal right.

P. Venu

(Expert) 01 July 2013
May be the Department would have delayed the implementation of the direction. However, there cannot be any case of appointing anyone with retrospective effect. Such a proposition is unknown to service law.

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