Whether i should adduce specific relief in my favor
Querist :
Anonymous
(Querist) 15 August 2011
This query is : Resolved
Sir,
I have filed the Petition(OA) in the CAT challenging the illegal appointment of one candidate which has been made without notification, without selection process and without giving any opportunities to other candidates including me (as I was also there on adhoc basis)
I came to know through RTI applications about its irregualr appointment made in year 2007
I had already filed the petition before the CAT in the form of O.A which has been admitted on its merits and issued notices to the respondents
I saw through judgments and I came to know that my petition is much more like that of PIL as I had not made any specific relief in my favor and CAT has no power to entertain PIL
Under such circumstances, whether I should adduce or make addition of specific prayer in my favor through Miscallneous Petition will going to help further...?
K.S.Srinivas
(Expert) 15 August 2011
As it is illegal recruitment, file W.P. in the High Court challenging the validity of the recruitment.
Querist :
Anonymous
(Querist) 15 August 2011
Sir,
I think I am unable to express it properly.
The High Court will not entertain as It will transfer all the petitions to the CAT FOR EXHAUSTION OF THE REMEDY
I have already filed the same in CAT but I have the fear that it will dismissed as it is more like that of PIL as I had not made any specific relief in my favor and CAT has no power to entertain PIL
So such circumstances, whether I should adduce or make addition of specific prayer in my favor through Miscallneous Petition will going to help further...?
Raj Kumar Makkad
(Expert) 15 August 2011
In the given facts, you add relief of quashing the illegal appointment and pray for starting fresh selection process.
Querist :
Anonymous
(Querist) 16 August 2011
Raj Sir,
I do agree with you
But if I adduce prayer clause for starting "fresh selection process" then the CAT will label it as PIL as I had not made specific in my favor?
What kind of specific prayer I shall demand from it
Raj Kumar Makkad
(Expert) 16 August 2011
When you demand fresh selection process mentioning therein that you are also a candidate and have not been considered for the post then it shall not become a PIL rather it shall relate to you. Do no try to read lines but between the lies.
girish shringi
(Expert) 16 August 2011
Had you approached to the department before filing in to CAT?
Or you just got the RTI and filed the suit?
Had you consulted any expert lawyer at CAT,otherwise you are not at all benefitted you are on adhoc.
Querist :
Anonymous
(Querist) 16 August 2011
Sir,
It all started in year 2007 when I filed the RTI applications and previously I was wrongly informed,
Through this I also came to know that my candidature was not considered in year 2002-2003
I made my representation in year 2007 which was disposed of in year 2008 and I filed the case before CAT which has gone in my favor.in the reply affidavit they had informed that one post has been given to other candidate without holding selection process
But my employer didnot implement the order for my regularisation as result I contempt Petition before the CAT They moved to High Court and was remanded back for deciding the plea of Limitation. I too challenged before Supreme Court by the way of SLP
BUT WAS DISMISSED
Meanwhile my employer has discontinued my srvices as they had committed various fraud and I filed the separate petition before the CAT which was partly allowed but was not ordered to reinstate me back
The first O.A was to barred by Limitation and I filed the RA on the plea that I cannot operate the RTI Act retrospectively before its enactment which was also rejected.For this, I am now moving writ petition before HC as my employer has committed fraud as they have not displayed the result and has illegaly sought the plea of Limitation
Thrird Petition which is in question has been well described by RAJ SIR But I failed to add specific prayer for my side which I will rectified by filing MA IN MAIN PETITION
