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P S Jaya sankar   01 August 2023

3rd party application on finalised OA of CAT-Permissoability

The Govt dept reinstated a removed employee based on CAT judgement, which was based on incompetency of disciplinary authority.
As the same incompetent authority involved in my service matter, I requested dept for identical application and reinstatement. Dept conveyed me in writing that other employee reinstatement was on leniency ground, after the court order, as we were having an option to appeal. But such consideration will not be extended to me.
Whether the law permit me move application in OA of other employee (reinstated employee) and seek clarity as to whether implementation of judicial order goes for implementation at sweet will of department.


 9 Replies

P. Venu (Advocate)     01 August 2023

Which Judgment? What is the case No.? Which Bench of the CAT? 

Had you approached the CAT? What was its decision? Furnish details.

Sudhir Kumar   02 August 2023

You can apply for copy of the said judgement if the case has been decided without having need to file intervention application and then see how best it can help you. 


However there may be independent procedural errors in your case ifthe earlier case has been set as out on the ground of  All Star disciplinary Authority

Dr. J C Vashista (Advocate )     02 August 2023

Consult your lawyer who is better equipped with facts and law applicable in the case/ circumstances for your case..

P S Jaya sankar   02 August 2023

Sh Venu sir. It is CAT Lko, incompetency established in OA24 of 2018.Available on website. Other. OA 376/22 SK Yadav, still pending for long. Hence, requested deptt to apply same yard stick.Written reply, sounded, it is our discretion whether to extend or not and implementation of order 24/2018 is our sweetwill.

Real Soul.... (LEGAL)     02 August 2023

If you feel discriminated and you think you are also to be benifited under that judgment then you should file a writ  petition

anubhav Bhatt   02 August 2023

Hello you may contact us then I'll explain properly about your case Advocate Anurag Bhatt Allahabad High Court.

T. Kalaiselvan, Advocate (Advocate)     02 August 2023

The judgment you mentioned was binding on the department concerned hence they allowed the pending applicaton and reinstated the employee.

However this judegment do not pertain to your case, hence you may file an application before CAT and fight it out on the same grounds as you have stated it here.

P. Venu (Advocate)     02 August 2023

The decision in OA 24/2018 highly informative and enlightening. In many respects, Order repays study. It is seen that the you had filed viz. OA 255/2018 has been remanded back and is pending. As such the query is too intriguing. 

Sanjana Mohanty   07 August 2023

You can request clarification regarding the implementation of the judicial order in the Other Employee's OA. However, the department informed you that leniency was considered in their case, and it won't be extended to you. You may seek legal advice to understand your options further.



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