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Assim Ujjawal   25 November 2023

Recruitment

Sir CAT pronounced  verdict in our favour in January 2022 but the respondent Staff selection commission did not follow the order of CAT . In May we filed contempt of court. Even then ssc did not comply to the CAT'S Order. In September  they challenged the verdict in high court. Thereq were 10 cases clubbed with our case since there was same issue. In the first hearing the court said the documents of only 1 case was submitted by ssc so court renotified the case in November but Ssc did not file the documents purposely and sought time.The huh court did not out stay on the CAT'S order but the next date is in Feb 2024.We have losses years  in preparation  of the e am then court. Even when verdict is in our favor we have got no respite. The matter was we missed one signature in answer sheet but we have signature  and thumb imprint on attendance sheet and thumb imprint on answer sheet. We feel lost and Don't know how much more time Hugh court can take.Case of SSC is nit even accepted yet.



Learning

 13 Replies

Sanskriti Tiwari   25 November 2023

I'm deeply sorry for the ongoing ordeal you're facing with the SSC's non-compliance despite a favorable verdict from the CAT. The delays and lack of resolution have undeniably impacted your life, especially regarding the missed opportunities and years spent preparing for exams due to this legal battle.

Firstly, the failure of SSC to comply with CAT's order may be deemed as contempt of court, governed by the Contempt of Courts Act, 1971. SSC's deliberate non-compliance with a lawful order might warrant legal consequences, which could be brought to the court's attention through your legal counsel.

Regarding the delay in proceedings, the Supreme Court of India has, in various judgments including the case of Hussainara Khatoon vs. Home Secretary, State of Bihar, highlighted the constitutional right to a speedy trial under Article 21. This could serve as a basis for expediting the legal process, especially if your preparations and livelihood are severely impacted due to the delays caused by SSC's non-compliance.

Additionally, your legal team might consider seeking interim relief or an urgent hearing, citing irreparable harm caused by the delayed implementation of the CAT's order. Case precedents that showcase the court's intervention to expedite justice in similar circumstances could be referred to, but these would need to be specific to your jurisdiction and situation.

Keep detailed records of SSC's non-compliance instances and document how these delays have affected your life. This documentation might aid in demonstrating the urgency and severity of the situation during future hearings.

While it's disheartening that the next court date is set for February 2024, it might be worth discussing with your legal counsel about the possibility of urging the court to expedite the process considering the time-sensitive nature of your situation.

Assim Ujjawal   25 November 2023

Thankyou for your detailed reply Sir. We have discussed for an urgent hearing with our lawyer but he said even approaching Supreme Court to seek such order won't help as their is winter vacation in between. It's been 3 years since we are fighting this case. 

Sanskriti Tiwari   25 November 2023

I understand the frustration and the prolonged duration of your legal battle. It's disheartening when even seeking an urgent hearing or approaching higher courts might not immediately expedite the process due to factors like court schedules, vacations, or procedural formalities.

Three years of navigating this situation is undoubtedly challenging. While it may seem discouraging, it's crucial to maintain perseverance. Document all the instances and impacts of these delays meticulously; this could strengthen your case for an expedited resolution once the courts reconvene after the winter vacation.

Consider discussing with your legal representative about crafting a compelling argument emphasizing the urgency and irreparable harm caused by the continued delays. Even if immediate relief seems challenging due to vacation schedules, presenting a strong case might lay the groundwork for a swift resolution once the courts resume regular proceedings.

Keep communication channels open with your lawyer, exploring all possible legal strategies and options available to expedite the resolution of your case. Your perseverance and diligent documentation could potentially pave the way for a more favorable outcome when the courts reconvene.

T. Kalaiselvan, Advocate (Advocate)     25 November 2023

You should have followed up your  contempt of court case filed before CAT vigorously against the SSC but you remained silent without taking any action after filing it and it paved way to the respondent to file an appeal before high court, however since there is no stay order by the high court, you can still pursue the contempt proceedings through CAT.

Let them come out with their version and in the meantime as the matter has been posted before high court on 24.2.24, your lawyer should vehemently  oppose to the dilatory tactics adopted by the respondent / SSC  and request the court to dispose the pending issues since it is affecting the life and career of innocent recruits

1 Like

Assim Ujjawal   25 November 2023

Sir we have not been silent in contempt case but the court is allowing them time, so what option are we left with. Also I have read most of the cases SSC approach high court for they get dismissed at the admission stage itself. But this time they came with an excuse of filing the attached cases separately. Even in the last hearing in High court, our lawyer said that ssc is just trying tobdelay the contempt proceedings. The court first gave a date of 6 December but later changed it to 13 february. Our lawyer has told us CAT would do nothing until the matter is settled in High court. The best we can hope for is High court rejects the case at admission stage itself since it takes strong legal point for the case to be accepted. 

Dr. J C Vashista (Advocate and Legal Consultant)     26 November 2023

Although your lawyer is well aware about facts and circumstances of the on-going cases as well as decided case(s) and s/he is an able, competent and intelligent yet it would be better to show all documents of the cases to another local prudent lawyer for a second opinion.

Since there is no stay order passed by High Court in Writ petition on the contempt case filed by you (before CAT) your lawyer is required to press upon it vigorously to exert pressure upon the department for implementation of verdict passed by CAT in your favour.

1 Like

Assim Ujjawal   26 November 2023

Sir if i may ask one question...The High court admits such case based on only lllegal/Irregularities in proceedings..Right? The High court won't entertain question on basic facts..Right. I have read on this forum that in High court in Writ petition only legal question can be raised. Though i do not understand what Illegal could be in our case. 

Dr. J C Vashista (Advocate and Legal Consultant)     27 November 2023

The lawyer engaged by petitioner / department must have raised irregularity or legal infirmity in the order passed by CAT, seek opinion and advise of your lawyer.

1 Like

Assim Ujjawal   27 November 2023

Good morning all the learned lawyers here. Sir neither did our lawyer found any legal question raised here nor any irregularities is mentioned in the writ petition. It's all about how we did not comply with their Mandatory instruction. If any learned counsel may find some time here to take a look at the writ petition. We all candidates affected by this case would be greatful. 


Attached File : 942275 20231127103715 ssc writ petition.pdf downloaded: 23 times

P. Venu (Advocate)     29 November 2023

Now that the matter is pending in the High Court, there is no other option than to get the proceedings expedited and disposed at the earliest.

Contempt proceedings in CAT and High Courts have become mundane affairs that it is not all a remedy against adament public authorities.

Assim Ujjawal   29 November 2023

@P.Venu sir i have read your comment that High court entertsins a writ based on only Legal questions. Can our case be accepted by High court to discuss facts of the matter or not. Or will high court accept or reject the case for further hearing based only on Legal question. Since there is no material legal question posed by SSC in the writ petition, can we expect it to rejected at the admission stage itself. 

P. Venu (Advocate)     30 November 2023

Decisions of the Courts, High Court and Supreme Court included, cannot be foretold with mathematical precision. All that could be stated is that the CAT has given a judicious decision and that High Court unlikely to interfere with the same.

Assim Ujjawal   30 November 2023

Thankyou So much for clarifying Sir. 


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