Need advice urgent
prateekkkk
(Querist) 23 May 2012
This query is : Resolved
RESPECTED MEMBERS,
I NEED AN ADVICE ON FOLLOWING CASE.... I AM A GOVT EMPLOYEE, PHISICALLY HANDICAPPED...I HAVE BEEN PROMOTED ON TRANSFER AND GIVEN POSTING OUTSIDE DELHI, IRRESPECTIVE OF VACANCIES AVAILABLE IN DELHI....I HAVE FILE A CASE AGAINST MY OFFICE IN CAT...FOR WHICH NOTICE HAVE BEEN ISSUED TO THEM.... THEY HAVE TAKEN DATE OF 2 MONTHS WITHOUT HEARING...THEY HAVE ALSO TAKEN EXAM THROUGH WHICH THEY ARE GOING TO FILL VACANCIES THAT ARE AVAILABLE IN DELHI NOW..... I HAVE ALSO APPLIED FOR EXPARTE STAY, FOR WHICH HEARING DATE NOT YET ANNOUNCED...
MY QUESTION IS THAT IF BEFORE STAY HEARING DATE,BUT AFTER FILLING PETION FOR STAY IN CAT TRIBUNAL, THEY FILL THE VACANCIES, THEN ALSO STAY POSSIBLE?? PLEASE AADVICE ME
Guest
(Expert) 23 May 2012
The administration will be free to fill up vacancies in the absence of any order of the CAT. If stay is granted after filling up vacancies, your stay (status quo) granted by CAT will become ineffective for you.
prateekkkk
(Querist) 23 May 2012
sir, if only result of exam has been declared of qualified candidates but before their joining into the new post,then stay granted by CAT is effective????
K.K.Ganguly
(Expert) 24 May 2012
It will be difficult if appointment letters are issued.CAT may not grant such stay at this stage. Even if granted, application will be filed by effected candidates at appropriate Court for vacating the same.
prateekkkk
(Querist) 24 May 2012
thnx for the advices...
Shonee Kapoor
(Expert) 30 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prateekkkk
(Querist) 25 July 2012
can anyone please provide me judgements of high court, CAT or supreme court in relation to case similar to my case mentioned above...
Sudhir Kumar, Advocate
(Expert) 26 July 2012
you have been advised to contact disability commission. They know their job better than anyone.
PEHLE SUPREME COURT JUDGEMENT CHAHIYE. UCHIT FORUM MEIN BAAAD MEIN JAYENGE. By the time you hunt for a judgement of Supreme Court, you will be declared absent from new place of posting and disciplinary action would have started.
prateekkkk
(Querist) 30 July 2012
respected sir, i have already go to disability commission...but there nothing has been hapened in m favour...now i have taken my case to CAT..
