yogesh (will tell you later) 08 August 2008

Opinion rEgarding service matter

Please provide your valuable opinion on the following matter

An individual working in Govt Organization working on contract basis appeared for Personal assessment in year 2001 for Group C post(Unreserved) .He was placed 2 nd in waiting List

The selected candidates has joined their duties in an organisation and the individual who was placed 2nd in waiting list was allowed to continue on contract basis

With in 3 months, one seat was vacated and the person who was placed on 1 st waiting list was given appointment

After 7-8 months the first selected candidate also left the organisation but the vacant seat was not offered to the individual who was placed 2nd in waiting list

As per rules,the waiting list was valid for 1 year.

The seat was not offered to him but the organisation has advertised the same post under Reserved category and given appointment to other candidate

The Individual was not aware of his status in waiting list till he filed an RTI through 3rd party information in year 2007

He made representation to the authority but was denied with one line explanation that "regret to inform that your case was considered but the same cannot be acceded to"

The main law canvassed here is as follows:

Can an organisation deny the vacant seat to the individual who was placed in waiting list?

Can the organisation has the right to transfer the unreserved seat into reserved seat despite of fact that the panel was valid?

Can he seek redressal of such issue before Hon'ble Court?

Whether there is any limitation on such issue under limitation act-1963?

What is the probability of getting relief?

Reply Follow

3 Replies

shamit sanyal (advocate) 12 August 2008

sir if there is a roster to be followed then the authotity can not suffle the seats without the sanction of the respective nodal authorities.

In the instant case if the authority is a state then oviously he can approach the writ court with a prima facie strong case that there has been a fraud and the denial in the instant case is bad in law.

As per the limitation part is concerned ,there is no strict application of section 5 in the instant case but keeping in view the Maxim Delay Defeats equity he needs to approach the Honble court as fast as possible.

Binod Kumar Mishra (Government Service) 11 September 2009

Dear Yogesh jee,

Shamit jee has rightly said. if your employer is following reservation roaster in his organisation then he can't transfer a vacancy of reserved to unreserved. you may approach the court.

and if the said employee of no.1 wait list was of unreserved category and the vacancy of his was against reserved post, then the employer is right in saying. then you have not any remedy.

but if in first stage if the post is for unreserved category, then you may approach High Court. i very strong case of this type has been pleaded at Patna High Court and the judgement of the said is still awaited and will be made available within one week. if the said writ will be allowed then i will provide you the said judgement. please go through.

binod mishra

Ashima Puri (Advocate) 12 September 2009

Its a Governmental Organisation. In every Governmental Organisation there are rules and regulations Departmental Orders for any or every appointment/ promotions. The individual was working on contract basis. now the following points needs consideration:-

1. Was there any Order/ Departmental Order for the vacant seat?

2. Were the employees on contract basis eligible for promotion under that Order/ rules?

3. Limitation determines the merits of service matters.

4. The employee is on contractual basis so he cant seek releif under service law he'll have to take recourse of civil law.