Joining extension possible

If the department is willing to take you back and if there is any restrtiction  or time limit imposed by the CAT directing the department to reinstate you within a stipulated time period, you cannot afford to take your own time to join for any reason.

You may have to forego either of the service, i.e., in India or at abroad.

It will take very long for the high court to dispose the case and sometimes if the decision is going against you in high court then yo will not be able to get this benefit ever after that

CAT ordered the department to give joining in 3 months, the order was passed in March and joining was given in Oct after opposition party didn't got stay in court, also its fine to me if anything goes wrong in HC and I am not able join then, but want if I could get extension till HC proceeding fully complete or I could request court to provide extension as winding up here need time, all of sudden I can't leave a country after living 3 years. Also dept. or court should also take responsibility of giving joining after 5 years which is not fair at their end as well. So atleast I should be given some time.

So many "ifs" and "buts" would be disasterous for your job.

Instead of waiting for an adverse situation / order(s) it is advisable to join, if you want to retain your job.

Sir, as I earlier mentioned currently I am not in a state  to join, I want extension possible by any way either coming from HC case which is currently going on or court grant me any extension considering I have multiple things to close which are out of country and relocate. So for me only option is to either let go the job or extension, looking any possible way out to get extension of 1 year.

you are not understanding the problem.

You intneded to join fothwith and filed a case which you won.

If you are joining now then you are entitled tonotional kiking of pay.  (there are precedents).  Five increments and the period of five years to count for MACP. 

but this benefit you may be able toearn only if you prove on record that you could not join becuase of litigationn

If you now delya in joining within time stipulated by The court then the deptt is free to close offer.

Today your opponents have no stay order what happens if tommow they get. You may get (or do not get at all) offer to join after another few years.

There is always a differenc enetween person in train and person on platform.

Thanks Sir. I completely understand that if get extension then that has possibility of not getting the job and that fine to me. Just to clear more things, here are series of event happened. We won case in March in CAT and department supposed to give joining by June but they didn't, later opposition party went to HC then I thought it will another 1-2 year. So I decided to buy house in Canada in Sept but later in OCT dept given joining. Now can't just leave house and join job. Also selling require time. So I want if I can get joining extension based on HC  ongoing case or any other way for 1 year so that I can sell the house and join the job. I know its weird situation but currently stuck and only possible way out is to get extension.

You should not be under any confusion.

You can prioritise your requirement i.e., whether to choose your job or to live comfiortably and peacefully at abroad as you planned, ignoring the job opportunity.

There is no legal issue involved in your question except your fluctuating mind 

You are the better judge of your situation, the department may not consider your request to defer the appointment since the oppoiste party has again approached the appellate forum,  hence you may take a considered decision

your priorities in life cannot be subject matter of legal advise.

however as far as extention is concerned, this is not enforeceable right.

Thanks a lot for your replies, just a last confusion. Let's say I join and later HC provide stay or we lose in HC, doesn't they will remove me from job if we didn't win HC, as it has 2 year prohibition period.

A hypothetical question do not find place in law.

Originally posted by : Nimisha Singh

Thanks a lot for your replies, just a last confusion. Let's say I join and later HC provide stay or we lose in HC, doesn't they will remove me from job if we didn't win HC, as it has 2 year prohibition period.

right now you appear to be in no mood to be ebnefitted by Tribunal judgement. so the question is infructous.

even f you join you have to justify before the High Cout that your appointment is bonafide and that Tribunal judgement iscorrect.

What is the OA No.? Which Bench?

What is the High Court Petition No.? Which High Court?

not repied above points

opened a new thread

https://www.lawyersclubindia.com/forum/stay-in-hc-231819.asp