P S Jaya sankar 01 September 2022

cause of action clarity

My service case is before High Court under appeal against dismissal of OA by CAT. i.e Court of 1st instance in my service matter.
Counter Affidavit of respondent in HC gave rise to a fresh cause of action..
My querry is, whether can I take up this fresh issue to CAT, showing that this CA gave rise to fresh cause of action which may be adjudicated by court of 1st instance. Am I need to withdraw case from HC or can I request them to revert it to CAT .
Please help with clarity.
jaya sankar

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9 Replies

Dr J C Vashista (Advocate) 02 September 2022

There is no appeal against the orders passed by CAT, recheck it should be a writ petition.

What are the contents of your writ and counter affidavit has to be perused before making any opinion and oblige.

However, what is the advise of your lawyer engaged / paid by you ?

Why do you need a second opinion / obligation of experts on this platform except the fact it is available free of cost ??

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 02 September 2022

Appeals against Orders: The orders of Central Administrative Tribunal are challenged by way of Writ Petition under Article 226/227 of the Constitution before respective High Court in whose territorial jurisdiction the Bench of the Tribunal is situated.

P S Jaya sankar 02 September 2022

Doctor sir, Not because free. I was petioner-in-person. Though I put in 14yrz service (daily wage &contractual) respondent not agreed.CAT dismissed going by version of OP. In my appeal before HC, they accepted my service duration. But, in HC case not being listed at all. That was the reason for my querry on any possibility to send matter back to. CAT, there atleast, it is listed and heard. That is the reason sir. If you can any input pl

P. Venu (Advocate) 23 October 2023

Your matter, it appears, has been remanded back. What is its present status?

Sudhir Kumar, Advocate (Advocate) 29 October 2023

you are not able to convey the problem.

P S Jaya sankar 29 October 2023

My case is dismissed by HC LKO WP 9347 S/B 2021 stating regularisation (uma Devi(supra)) as one time exercise for those completed 10yrs by 2006.
So, for my 15 yrs service, now I claimed for gratuity, which is allowed by CAT LKO OA 04 of 2021, wherein employer appealed in HC LKO thru WP 4975 of 2023 and it is pending there sir. update, for inf please

T. Kalaiselvan, Advocate (Advocate) 30 October 2023

If you had received notice from high court about the pending writ petition, you my file a vakalatnama through your advocate and wait for the listing, you can argue on it when the case is listed for hearing

P. Venu (Advocate) 30 October 2023

The querist, as could be understood from his various postings, has number of issues regards to service - regularisation of past service, termination and incidental issues on account of termination thereafter. He has filed cases in the CAT as well as the High Court; in some cases, he had appeared in person.

Participants in this platform are more than willing to assist him; more than assisting, it would be a learning experience as well.

However, the querist has chosen to facts in piecemeal and in a disjointed fashion, often placing facts and issues out of context and in many cases, placing the cart before the horse. I had suggested him, more than once, to make precise and comprehensive posting(s) so that others comprehend and make meaningful suggestions, but with no avail.

As such, I am left with no option but to avoid responding to his queries and postings hereafter.

Sudhir Kumar, Advocate (Advocate) 31 October 2023

basically paymnt of gratuity act applies to those employees on whom there is no gratuity scheme. It is not understood as to on what ground CAT has accepted your plea and its feasibility ofg success in High Court cannot be commented.

Further, experts here are not your legal / IT Assistants.

You are giving OA No but do not disclose he CAT bench. lease do not expect the experts to spy around the entire website of CAT and then read the judgement and then favour you with free advise.