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MANIK LAL GUPTA   18 June 2017

All the consequential benefits

Sir,
I want to detail a chronological history, please read and give suggestion for solution:

1. I attended an Interview for the post of Scientist-B of a department under Govt. of India on 27th April, 2010.

2. I was placed at Reserve panel as no. 1.

3. I challenged the selection of selected candidate, who joined the same post on 03rd June, 2013 (since he was not having essential qualification).

4. Hon'ble CAT, Jabalpur directed to issue an appointment order in favour of applicant with all the consequential benefits.

5. Selected candidate challenged the order passed by Hon'ble CAT, Jabalpur.

6. Hon'ble High Court of M.P.passed an order that "Going by settled law no fault can be found with the view taken by tribunal".

7. Selected candidate approached Hon'ble Supreme Court of India.

8. Hon'ble Supreme Court of India passed an order that "We are inclined to entertain the SLP, which is accordingly dismissed"

9. I requested to Secretary to implement the judgement of Hon'ble CAT, Jabalpur.

10. I got an appointment on the post of Scientist-B w.e.f. 23rd August, 2016.

11. I requested Under Secretary to implement the complete judgement i.e. with all the consequential benefits.

12. Under Secretary refused.

13. I requested to Secretary to issue an appointment order with retrospective effect along with Salary arrears, seniority and other related benefits.

14. Received letter from Under Secretary for Refusal.

15. I requested to Secretary to refer the matter to Department of Personnel & Training and Department of Legal Affairs (Ministry of Law) for proper legal interpretation to implement the complete judgement.

16. Received letter from Under Secretary with a stipulation that request of Sh. M. L. Gupta stands rejected.

At this stage, I want to know what shall I do and whether I did any wrong thing.

Please suggest positive way, which should be followed in this regard.

Thanking you.

Manik Lal Gupta



Learning

 3 Replies

MANIK LAL GUPTA   18 June 2017

As I have written at point No. 4. Hon'ble CAT, Jabalpur directed to issue an appointment order in favour of applicant with all the consequential benefits.

Because of the word "consequential benefits", I requested to refer this matter for legal interpretation.

Lawyer says consequential benefits means with retrospective effect. Court do not write the word retrospective effect.

 

Kumar Doab (FIN)     27 June 2017

Check with your Lawyer.

Your lawyer that has case file and well versed with cas detaisl shall advise you further.

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Kumar Doab (FIN)     27 June 2017

As already suggested and appreciated by you, you may show all docs, agreement signed by you, communications, evidences on record to a very able local senior counsel specializing in labor/service matters for a considered opinion.

Labor/Service matters is altogether different filed of law and at each location there are a few counsels that specialize in it and they are very well known.

Usually such matters are referred to them by any counsel worth his/her salt.

Lawyers handling civil matters usually do not meddle in Labor/Service matters.

Inquire locally for such counsels and you will have a list of all such few counsels at your location.

Chose carefully, a counsel that suits you.

Use the inputs received by you in this thread in your future endeavors.

Online discussions have its own limitations and are not substitute for considered opinion and consultation with due examination of relevant docs and inputs in person with a counsel specializing in respective field of .

 

There are endless numbers of threads at LCI also by unsuspecting querists that have been fleeced by posers posing as expert lawyers.

 The discussions at LCI are FREE and should not be exploited as a medium to allure unsuspecting querists to pay a FEE in the name of so called consultation……………

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