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Gopal (Tchnical officer)     01 October 2013

Cat order challenging in hc

We a group of 20 employees got a favorable CAT order on a case related to our service.Now we heard management is planning to approach HC to challenge the CAT order.My doubts are 1) is it required to file a caveat in HC to get a copy of their petition before accepting their case in HC? 2) If we are not filing any caveat,then can HC stay the CAT order without hearing our side ? 3) Caveat is permitted for service matters in HC?



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 2 Replies

sinuvasu (advisor)     01 October 2013

yes its a better option to file a Caveat before HC having jurisdiction if you are sure that the administration makes its mind to challenge the order passed by the central administrative tribunal because if the administration comes to know that the Caveat has been filled before the HC then the administration is bound to supply the advance copy of their petition to you and you will get the opportunity to justify the order passed by the CAT. secondly according to your contention that the Honble High Court will going to stay the order without hearing you is not justified. Because if the Honble H.C observe that the order passed by the CAT is in accordance with law it hardly gives an edge to hear you and dismiss the petition at the admission stage else you will get the notice to argue the matter and yes  this period it will be considered as stay itself. Thirdly that Caveat is permitted for service matter  in HC or not? Yes Caveat is permitted in service matter because service matter itself governed under the code of civil procedure. Ultemately in my personnal view filing of Caveat is advisable.

K.Shrinivasulu

Mob:9039278705

Gopal (Tchnical officer)     01 October 2013

We got an information that the appeal for orders of CAT are in the form of Writ Petitions. For this reason 'caveat' is not admissible...please advice


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