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tarun (Advocate)     01 March 2011

Removal frm Service -Wrongly selected - fault of emplyer

Due to the fault of Govt. Department  wrong merit list were prepared. Now after few years same was discovered by the department after being directed to prepare revised merit list strictly as per law in litigation when unsuccessful candidate challenged the merit list.

In such particular situation , the candidate who has no knowledge of such fault on the part of govt. has been issued Termination order. What rights do such innocent incumbents have with them?

Kindly mention relevent case laws covering the issue.



Learning

 4 Replies


(Guest)

Dear Tarun,

 

Please clarify the following points:

 

1) What was the date of recruitment of the Government servant;

2) What was the date of joining in Government service;

3) Whether he was made permanent on any post or was still a temporary employee?

4) If still a temporary Government servant, was he declare as Quasi-permanent or not after rendering 3 years of service?

 

PS Dhingra

Chief Executive Officer

Dhingra Group of Management & Vigilance Consultants

New Delhi-110089

Mobile: 09968076381

[dcgroup1962@gmail.com]

tarun (Advocate)     04 March 2011

Advertisement were issed in year 2007, and joining in the same year. 

selections were made to temporary posts(government) ,  likely to continue basis.

Selection were made to duly sanctioned seats. 

as far as i know the facts..nobody is declared as permanent or quasi permanent. 

Thereafter, in jan 2010 orders were passed by Tribunal (CAT) to prepare revised merit lists.

same orders were challenged by aggrieved (irregularly appointed) in High court but couldnot get any relief.

Even HC warned govt not to follow such policy. 

tarun (Advocate)     04 March 2011

I dont have the exact dates in specific reference to your query. Kindly Advice accordingly.

Thanks Sir


(Guest)

Dear Tarun,

 

The points raised are quite vital to check whther any relief and under which rules the same can be sought from which source. If you are the advocate of the aggrieved party, you ouht to have the relevant dates about his service. Otherwise, any solution sugested merely on presumptions can not be of any advantage to the party.

 

PS Dhingra

Chief Executive Officer

Dhingra Group of Management & Vigilance Consultants

New Delhi-110089

Mobile: 09968076381

[dcgroup1962@gmail.com]


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