Provision of subsistence allowance

Dy Director

consult your layer with full papers.

 
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Repsected Sudhir ji...

Due to lack of funds available with me, i am unable to afford a lawyer at this stage. So i have left with no other option but to pursue the matter on my own.

Kindly guide me .........

 
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Advocate

Q1: - Is it advisable for me to sit in the office premises?

No.  It is not advisable, it is unnecessary adventurism and gives another arm to your employer to initiate another proceeding with a fresh cause which will add to your existing troubles.  In fact it is illegal.  Nothing more to say on that.

 

Q2: - if i do as asked in above question then can the department stop me to do so?

Yes.  They can certainly stop because, the higher authority must give you acceptance.  But you can formally ask them to give reasons in writing (you too must ask them to give reasons in writing not orally...handover the letter personally and take signature on the copy of it having received by the authority itself or by the concerned clerk of Tappal section of the department) if they do not allow you to work.  If they do not give those reasons in writing you have to write the same in Contempt Petition that despite having CAT order they have not allowed me to join service and despite asking them to give reasons for not allowing me to join they have not given the reasons.

 

You can go for Contempt petition anytime after the department refused to allow you join service as per directions of CAT.

 
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Advocate

 If they tell you to go to High court to file a Writ Petition, ask them to convey the same in writing, so that you can file it with High court as permission granted by employer to file Writ Petition in HC. File that letter as an annexure.  HC will do good to your bosses and to you.:)

 

Just joking.  Actually it is not their business to convey which court you should approach.  They can only say, "we refuse to allow you....you can do whatever you want" or even say "go to court".  Filing a Writ Petition in HC is not allowed till all remedies are exhausted.  There are exceptions to it which are not applicable to your case.  But the point is it is not for them to decide which court you should approach.  It is the duty of lawyer who peruses your case.

 
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Dy Director

Originally posted by : InSearchJustice

Repsected Sudhir ji...

Due to lack of funds available with me, i am unable to afford a lawyer at this stage. So i have left with no other option but to pursue the matter on my own.

Kindly guide me .........

Since you are sacked without subsistance allowance and judgement not implemented you have a good case and can approach legal services authority for free legal aid.

 
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Consultant & Legal Analyst

The intervening period between your dismissal and reinstatement in service, whenever resorted to, on account of CAT jugment is liable to be treated as duty for all purposes, if not suspended already. Judgment does not seem to have specified the stipulated period within which reinstatement has to take place. So, the department is free to reinstate any time at their discretion. No contempt of court becomes due until they formally deny to reinstate you in service.

 

However, the department can place you under suspension after reinstatement to continue with the departmental inquiry proceedings.

 
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