atus quo
venkatesh Rao
(Querist) 19 May 2011
This query is : Resolved
esteemed experts,
1. some karnataka state governments were ordered to be discharged in view of supreme court judgment setting aside of rural weightage to them at the time of their selection.
2. some approached supreme court before their dischrge.
3. supreme court ordered status quo.
4. their services are undisturbed.
5. During the pendency of the case, these govt. servants who were granted status quo were promoted.
Now my question is :
1. What is status quo? Is it not a direction to the parties to be as they were?
2. Promoting means violating the order of status quo because, by promoting them, the Govt. is committing contempt. i.e. If discharge changes their status; then promotion changes their staus.
Raj Kumar Makkad
(Expert) 19 May 2011
1. Status-quo is a situation wherein contesting parties are directed not to change the situation of the matter in dispute till next order/direction of court.
2. I do agree.
Advocate. Arunagiri
(Expert) 19 May 2011
What is the case? On what grounds the status quo order was passed?
During the pendancy of the case they are not disqualified from promotions.
Even when the govt servant is under suspension he is eligible for suspension, his promotion order will be in a sealed cover, on revocation of the suspension, the promotion will come in force.
Guest
(Expert) 20 May 2011
Dear Venkatesh,
That depends upon the wording of the status quo order and the nature of the case. So, you have to see whether the status quo is effective only to their termination from service or to other rights in the service also. Normally the status quo is about termination only not affecting any further rights of those Government servants while in service.
In such cases, while issuing orders of promotions enblock within the seniority list since the said persons also find place amongst other persons, the said persons cannot be ignored, if no vigilance case is pending against them. So, they are also promoted with clear mention in the order of promotion that their promotion would be subject to the outcome of the pending court case.
If however, court judgment comes against those fellows, the effect to the orders of the court are given to their cases on receipt of judgment.
