Not putting my case of Assessment/Promotion and confirmation from a long due
brijesh sharma
(Querist) 08 May 2011
This query is : Resolved
Iam working in a department of ICAR and working since 05th October 2002 and retrospectively from 27th August 1991, after the implement of CAT’s Allahabad judgment on 01/05th Oct. 2002. The two illegal appointees those were terminated by the department and ICAR due to their appointment declared illegal by the CAT Allahabad in my case O.A. No.1081/1991. On dated 05th Feb 2003 high court Allahabad passed intrim order to the both of terminated employees against their termination order and I also, while I was not filled any application in H.C. It is confirm that Hon’ble CAT Allahabad’s judgement is not stayed. One of terminated employee is not having minimum and basic qualification and second was appointed favoritism not fair selection and higher marks allocation for interview etc. In this duration I got two assessments/ promotions. Interestingly the terminated second employee case was put up before DPC in November 2002 during termination period and he got promotion in Dec. 2002.As per office orders and Allahabad CAT’s Judgment It is also interesting that both above mentioned illegal appointee have also got two assessment from 1989/1991 to December 2002 during the pendency of my O.A. 1081/1991 in Allahabad CAT. I am senior over the second illegal appointee by the CAT’ judgment and office order, but now office is not putting up my case of further assessment due from 27th Aug. 2006 and confirmation retrospectively from 27th Aug 1993 and office is saying that I am surplus and adjusted me on non cadre post and my case is pending in high court and challenged by third party (not by the office). However my junior (as per CAT’s and office order) has been adjusted on cadre post. Interestingly two transferee who joined office after five years of my date of joining on advertised post, are also adjusted on cadre post. In Allahabad High Court case is listing since a long for hearing at sl.no.109/108/118 etc. means case is pending in High Court. I have tried for early disposal the pending case in Allahabad.Now the case is my assessment and confirmation should be put up. I have fulfilled all remedies.What should I do, Please advice me. If only court case is the solutionthen please tell a better lawyer for filling the case in CAT New Delhi.
Kiran Kumar
(Expert) 08 May 2011
it will be better for you to serve the department with a fresh legal notice detailing all the facts and your legal demands therein.
let them decide your notice/ representation then proceed with the matter before CAT.
s.subramanian
(Expert) 09 May 2011
You make a fresh representation setting out all the details. if it is not positively responded you can approach the CAT.
brijesh sharma
(Querist) 18 August 2012
Sir, as per your guidence I have approached CAT Delhi in 2011. Several notice have been issued.Unfortunatly Respondent 3 is not submitting proper counter. On dated 16th April, 2012 Resp. 3 submitted her counter avoiding the instuctions of ICAR i.e. respondent 2.However respondent No. 2 i.e ICAR is in favour to consider my case for promotion/ assessment and sent her comments on 3rd and 12th April, 2012. Relevant documents those were sent by Respondent 2 to Respondent 3 provided by Responden 2 to me through RTI. These documents clearly mentioned that my two promotion have already been done there is no any hindrencce to consider the case, if having ACR properly. But Respodent 3 who is my competant authority not taking in considerationn these documents. In this situation it is very clear that if my case is put up that no positive result can assume. Pleae tell what should I done? Recently on 24th July, 2012 DPC was held but the DPC was instructed "If any ACR/APAR would upgrade then proceeding would not be approved".Please advice accordingly.with regards
Guest
(Expert) 18 August 2012
Dear Brijesh,
Any casual consultancy without detailed examination of your documents/ information may not help you. So, better, hire services of some service law expert and consult him showing all the case related documents.
For example, you have made a mention of respondent No.3, how the experts can be expected to know who the respondent No.3 is and how to tackle with his irresponsiveness without seeing your plaint and responses of other respondents?
