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M R Shaikh (Law Student)     15 October 2013

Clarification ofjudgement

Prayer in O.A (a) quash and set aside the impugned orders and

(b) direct the respondents to reinstate the applicant forthwith in service with all consequential benefits including continuity in service as of Scientific/Technical Assistant B

(c) direct the respondents to further consider the applicant for appointment to the post of Scientific officer/engineer-SB (District Information officer) with all consequential benefits

(d)award costs of the proceedings and pass any other order/direction which this Hon ble Tribunal deem fit and proper in favour of the applicant and against the respondents in the facts and circumstances of the case.

CAT Disposed application by ordering which is  as follows:-    In case the claim of the applicant is found to be correct then he will be reinstated in service with consequential benefits of seniority, pay fixation and promotion. He will, however, not be paid back wages for the period he has not actually worked.

 

MY Query:- now the respondent reinstated applicant but not giving promotion as prayed in para ( C) of O.A my query is Will this order also cover prayer no ( C) of this O.A or Not DOES APPLICANT NEED TO FILE ANOTHER O.A FOR PRAYER(C) AS ORDER MENTIONED PROMOTION BUT RESPONDENT NOT GIVING THE PROMOTION



Learning

 4 Replies

Kolla V. Raman (Founder Chairman of Global Lgal Services)     15 October 2013

CAT order directed cover promotion, you issue contempt notice to the concern officer and file contempt case in the CAT.

Sudhir Kumar, Advocate (Advocate)     15 October 2013

BASWED ON THE FACTS AVAILABLE ON THIS THREAD ageeed with Mr Kolla.

Sudhir Kumar, Advocate (Advocate)     16 October 2013

you have put so many threads mostly repeating same things :- https://www.lawyersclubindia.com/forum/Service-termination-79251.asp#.Uk-_yFPQyVE https://www.lawyersclubindia.com/forum/Renistatement-in-service-amp-back-wages-89105.asp#.Uk-_vlPQyVE https://www.lawyersclubindia.com/experts/Time-frame-for-challenging-CAT-order-in-high-court-425116.asp#.Uk-_vlPQyVE https://www.lawyersclubindia.com/forum/Time-frame-for-challenging-cat-order-89259.asp#.Uk-_u1PQyVE https://www.lawyersclubindia.com/forum/Reinstatement-amp-back-wages-89180.asp#.Uk-_vFPQyVE https://www.lawyersclubindia.com/experts/Reinstatement-Back-wages-424891.asp#.Uk-_vFPQyVE why you think that the experts giving free advise here can repeatedly keep advising same thing. IT IS TIME FOR YOU TO MEET A WELL CHARGING LAWYER WITH ALL PAPERS.

LegalExpert (Lawyer)     04 November 2013

Rightly said Mr. Sudhir kumar


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