Interim order for keeping in abeyance compulsory retirement
Querist :
Anonymous
(Querist) 06 September 2010
This query is : Resolved
Sirs,
An employee was compulsorily retired in June2009, he preferred appeal/Revision petition, but no reply was received till he filed OA in CAT which directed respondents to dispose of the pending appeal as well as consider points raised in OA sympathetically, since applicant was appointed on compassionate ground. Surprisingly on service of CAT order the Appellate Authority ON BACK DATE passed order regretting Appeal.Then applicant requested Revisionary authority to consider what CAT ordered , but he also regretted recently w/o going through the points raised in OA.Now, again , another OA has to be filed very shortly.
My question is whether CAT can issue INTERIM order keeping abeyance the already effected ORDER in June 2009 if so, kindle quote Supreme court reference(since applicant expected justice from Disciplinary Authority & Appellate Authority). Thanks for advice being parted from ld. Advocates.
s.subramanian
(Expert) 13 September 2010
No interim order can be passed by CAT at this stage since you have been compulsorily retired. There remains nothing for the CAT to stay. But on successful completion of the case before it CAT can order your reinstatement.
