service matter
Querist :
Anonymous
(Querist) 28 April 2011
This query is : Resolved
Sir i was working in a department of youth affairs and sports and duly appointed by a selection committe duly constituted along with me 7 other accountants were also selected and they all are working on regular posts. In 1999 my services were terminated on the ground that i was working in a project and the project has come to an end. the matter is pending in high court lucknow bench. Through RTI i got information from the department that on the post which i was working is still vaccant. Can i get befifitted from this.
M.Sheik Mohammed Ali
(Expert) 28 April 2011
its not possible because already pendency of your case from the court.
R.Ramachandran
(Expert) 28 April 2011
Whatever information that you got through RTI, please make it available to your lawyer who is handling your case.
In any case, according to the Department the appointments were made to a particular project, and that particular project has come to an end. Therefore, while you have been terminated, no one else also been appointed to the said post. Therefore, the post is lying vacant. Only if the the reply to the RTI had stated that the said post has been filled up with so and so... then you will have a point - then you can object saying that while you were terminated by saying the Project has come to an end, the Department has appointed some one else to the said post. That is not the situation here. The post still remains vacant. So the department will say before the court, that since the Project has come to an end, we do not require anybody and as such the post is not filled up and remains vacant.
THEREFORE, THE INFORMATION THAT YOU GOT FROM RTI MAY NOT BE HELPFUL TO YOU.
Kirti Kar Tripathi
(Expert) 28 April 2011
Yes, it will help you in your pending case. provide entire information to your counsel and file supplementary affidavit immediately.
Advocate. Arunagiri
(Expert) 28 April 2011
These information may help your counsel in making his submissions in the court.
Guest
(Expert) 29 April 2011
You may first need to check whether the post of accountant of that particular project is still existing or the post of another project is available. Since the project posts are sanctioned up to the period of the project only, so any likelihood is not there that the stated post would still be lying unabolished.
M/s. Y-not legal services
(Expert) 29 April 2011
