Amending civil suit

Querist : Anonymous (Querist) 11 October 2011 This query is : Resolved
A govt employee was arrested in criminal case and suspended for three years.Then reinstated pending trial but his suspension period not regularized and even subsistence allowance was not proper.He filed civil suit to recover his arrears of allowance, salary etc.Meanwhile he was convicted in criminal case and was dismissed.Subsequently he was acquitted in appeal.The case of recovery of arrears still pending at final stage for arguments/rebuttal.Now should the plaintiff go for amendment of civil suit prayer that he may be reinstated also?Any loss if no such amendment is sought?Thanks in advance.

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Arun Kumar Bhagat (Expert) 11 October 2011
I think CAT ot SAT would be the appropriate forum for reinstatement not the civil court. I expect more light from Experts dealing in Civil & Service matters.

ESTHERPRIYA (Expert) 11 October 2011
YOu can do so no wrong in it. CAT is for central civil services.

prabhakar singh (Expert) 11 October 2011
When he was acquitted in appeal he should move an application for his reinstatement of his service with a certified copy in his concerned department and after exhausting all department remedies should there be obtained no relief,he should move to his concerned tribunal,central /or state in whose employment he may be.Suit seems to have filled unnecessarily where other remedies may be found barred also which in absence of dis-closer of which tribunal you are subject,nothing is possible to say with certainty.

Shastri J.K. (Expert) 11 October 2011
acquitted in appeal.on which ground ?

Querist : Anonymous (Querist) 11 October 2011
Thanks for advice. To clarify, the case is related to state govt and can be filed in court only (not in CAT).After complete acquittal on merit (not on benefit of doubt),a representation has been sent to department along with certified copy of order.After waiting for response, a legal notice u/s 80 CPC has also been sent recently.I know the remedy of filing writ if department does not provide relief.But all this is regarding reinstatement. My query is what to do about the civil suit already pending in court?Whether it should be amended or withdrawn etc.?If nothing is done then the court may decide the case soon.As far as its necessity is concerned it was about regularization of suspension period and arrears of service benefits etc. which should have been given even though the criminal case was pending as the govt had earlier reinstated (before dismissing after conviction) without any punishment.

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