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yogesh (will tell you later)     26 July 2008

Roster Rules(Under Service Matter)

I f an Individual "D"appears for Interview/Personal assessment against the two vacancies and was placed 4th (2nd in waiting list) by the selection committee of an organization
As per the rules of an organization the waiting list would be valid for 1 year.The result was displayed as
A  1st -  Selected
B- 2nd- Selected
C- 3rd- Waiting List
D- 4th -Waiting List

A, B joined the Organization & C,D were placed in Waiting List

Suddenly (with in 1 month) one seat was created by the discontinuation of services of employee name X as result C was offered seat against the vacant seat as result D remains the only candidate among the wait listed candidate

After 6 months of joining the A who was placed 1st in List resigned from the post but the vacant seat was not offered to D who was the only wait listed  candidate

Please inform on the following by giving your valuable views

1 Whether such candidate can approach to Hon'ble court for relief?
2 Whether his/her claim is maintainable?
3 Is there is any other possibility why the organisation has denied the offer to individual D due to any discripency?






Learning

 3 Replies

Vikram Chandra (Advocate)     28 July 2008

Dear Yogesh,


     In my opinion as per the terms of employment it was clear that the list is valid for 1 year. Hence, he can file a case before the tribunal or court as the case may be and his claim can be entertained. Further, denial of an employment to 'D' may be the discretionary power of the organization but in place of 'D', if any new person is appointed then the said action of overlooking the candidature of 'D' in terms of employment / rules which is valid for 1 year can always be challenged and an appropriate relief can be sought from the competent court of law.


regards.

yogesh (will tell you later)     28 July 2008

Dear Vikram,


Thanks for reply but here dicretionary should not be arbitrary

shamit sanyal (advocate)     01 August 2008

dear vikram, subject to correction,if it is a governmental organisation in my openion only the roster shall prevail,discreation of the authority will be beyond there scope,




 


D can definetely challange the proceeding.


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