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vittalrao (Pharmacist)     14 May 2014

Deny of court order

Hon'ble The Central Administrative Tribunal direction goes as follows:

 

"There cannot be any distinction or discrimination. Therefore, this matter is also remitted back to the General Manager, to make proper decision, and if necessary hear the Association also, within one month from today"

 

Sir,

 

Here the General Manager is a authority to decide and CMS is being the lower authority. Before the court has given directions there were no night shifts and Sundays duties as well. After when court gave direction the CMS is ordered to to start the duties in shifts again along with night duties and Sundays also.

 

The query is here is that:

 

1. Can a lower authority take any decision (not even caring about the Hon'ble CAT order) overriding the GM?

 

2. What is the further step can association take, though Court said decision to be taken in month (but the Association has been waiting since 9 months from the date of issue of order)?

 

3. Is there any option to appeal the judiciary to take strict action (like withheld promotion or demote)  on the Lower authority (i.eCMS)  who has deviated the directions of the CAT and compelled the employees to perform the duties as per his wishes?

 

Sir, your suggestions are invaluable. Please kindly help us.

 

Thank you,



Learning

 1 Replies

Sanjay Malik (Manager- Legal & Compliance )     14 May 2014

Give a representation citing direction of CAT, and if the direction is not followed you can approach again to CAT for non compliance of order/contempt of court.


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