Discharge of a direct recruitee by retaining his juniors?
kiran
(Querist) 09 August 2013
This query is : Resolved
Whether a direct recruitee appointed under new rules can be discharged from service (or reverted to his earlier post) on the ground that the vacancy to which he was appointed arose under old rules, that too by retaining his junior recruitees who were appointed under the very same new rules citing the reason that the vacancies to which the juniors were appointed arose after the new rules came into force.
Since from the beginning of recruitment process, there was no bifurcation of old or new vacancies.
It was only after the Court in a WP (to which i'm not a party and my recruitment is not questioned in this WP or anywhere else) directed to redo the promotions which were impugned therein (not direct recruitments) as per the old and new vacancies, the State has taken this action of discharging/reverting a direct recruitee who has been appointed to the old vacancy under new rules, that too by retaining his juniors.
Is this action of the state is proper?
what are the case laws in support of my case.
Now, I have challenged the same in WP and obtained stay of the order of reversion/relegation to my earlier post?
Kindly suggest me with case laws.
Raj Kumar Makkad
(Expert) 09 August 2013
As your matter is already sub0judice, there is little scope to comment except you trust upon your lawyer and let him search out the relevant judgments of the case.
Rajendra K Goyal
(Expert) 10 August 2013
Agree with the expert raj kumar makkad ji.
Sudhir Kumar, Advocate
(Expert) 11 August 2013
agreeing with Mr Makkar I would add that no useful advise can be given without perusal of entire papers.
Raj Kumar Makkad
(Expert) 12 August 2013
I do agree with sudhir that exact advice can only be offered after going through your documents but whatever has been told to you is based upon the facts posted by you and there cannot be better advice thereto.
