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bonafied (assistant)     01 November 2014

Unfair recruitment

I attended an interview a month ago at central government laboratory - CSIR out of 47 students 8 got selected after the written exam I am the highest mark I did my interview well still they recruited a M.Sc trainee that has been working there in there lab from past 6 months although she got 50% Although the trainee admitted that this position is already fixed I reported this to the Director he had a committee and later the committee accepted that they selected few student random but still doesn't talk about recruiting me. I genuinely qualify for taking up this post. I want to file a case in court I have evidence to prove my allegation should I file this case in labor court? what is the procedure please help


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 12 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 November 2014

Yes.You can consult a labour court practitioner lawyer. He will guide you.

Sudhir Kumar, Advocate (Advocate)     01 November 2014

your case will lie in CAT.             Meet a lawer of CAT.

bonafied (assistant)     01 November 2014

Thank you very much for your reply what does CAT lawyer means? today I called one of the trainee there which I met on that day and he said that trainee has took up that position and working from past two months but the committee said they have canceled the post and will re advertise it in the email they lied completely, anyway I recorded the whole conversation. I have complete evidence to prove my allegation hope this case will be straight forward. Thank you once again

Sudhir Kumar, Advocate (Advocate)     01 November 2014

visit CAT. Attend court.  You will find many advocate arguing trhere.  Please see who can suit for your case.

1 Like

bonafied (assistant)     01 November 2014

I did visit CAT Thank you very much

Anand Bali Adv. (Advocate Solicitor & Consultant)     02 November 2014

Your case is a fit case for the Central Administrative Tribunal CAT you complain their through a good Advocate you also can file a writ petition at HC in case you need a speedy trial by challenging the process of selection by CSIR.

Sudhir Kumar, Advocate (Advocate)     02 November 2014

you cannot go direct to HC.  file case in CAT.

bonafied (assistant)     02 November 2014

Hello Sir Anand Bali, exactly you got it right and the thing I am talking is NCL CSIR laboratory Pune.  Its a contract based job for 3 yrs so I do need to speed things up.  I have a doubt should I file case on the project leader who selected the candidate or the Dy Director (who approve the committee report he is also responsible for authorization of appointments) or the committee chairman  for giving false information The A.O admitted (she conveyed me the report outcome) they choose some students random and canceled the post but thats a lie, that selected person is working there from the date of selection I have proof for that. I initially gave the complaint to the director and he said he and A.O have merely communicated the committee report, Dy Director is the concerned person.

I met an Advocate at my place yesterday and we have CAT court at Hyderabad, he asked me to find some lawyer there and he was discouraging me that the court will favor the government only and they can keep postponing it and it will cost me more money and time. He also says that I will file a case against their chair not on a person so he may leave after 2yrs. Sudhir Kumar says I cannot go to High Court directly? could you also tell me how much does it cost? at HC or CAT
Thank you very much

Sudhir Kumar, Advocate (Advocate)     02 November 2014

You are saying that it is 3 years contract post.  You can go to CAT only if it is a Govt post.  CAT jurisdiction may not be there on the project paid posts.

 

Further for three years contract you may litigate in CAT and if winning deptt may take time to implement order by the time 3 years will be over.

 

Cost of CAT litigation can be any where between Rs 10000 to 150000.

bonafied (assistant)     02 November 2014

Yes it is initially for 6 months and will be extended based on performance till the termination of the project which is 3 yrs. M.Sc trainee working there in a project has come to an end and they immediately get in to the next project but instead of taking them directly in to the project they ask them to apply for the post when it is advt'zed and finally they will get selected. they don't consider written test nothing its because they got used to them they let them work there. Once you get in to the lab they keep on doing this they never quit the institute. This is the practice that is been going across all CSIR labs, they never let any outside people to get in there unless they have NET qualification. 

The project given in the advt is also false during the interview they mention my work will be different not related to the advt project and the project leader in advt is just for name sake they was another person (a PhD candidate a SRF may be) who is the actual incharge of the whole work. they had her name as attnd: in advt. There is no one to question them.
I have attached the advt please go through it and let me know if there is anything I can proceed legally. Although this temporary project CSIR will be paying the candidate not the project leader.
Thank you


Attached File : 748902289 bs pa 05082014.pdf downloaded: 69 times

T. Kalaiselvan, Advocate (Advocate)     05 November 2014

This situation prevails across the length and breadth of the country not only in CSIR but in many prestigious institutes.  All these reputed institutes appear so only in papers or appearance, but inside the same politics with different language and mode.  Yours being a temporary project work, you may not succeed even with the so believed strong evidences in your possession because the authorities can manipulate any situation if the issues appear to endanger their survival.  If the proposed legal action against the institute appears not feasible in terms of cost and other aspects, better think of applying for a better project elsewhere, for which your qualification experience may support.

Sudhir Kumar, Advocate (Advocate)     05 November 2014

further the post was that of project worker and the appointee does not become a Govt servant.  So you are not aspirant of Govt service and the matter becomes out of jurisdiction of CAT.

 

By the time you wing from high court[either you will lose in CAT or the deptt and the losing party will go to High Court]. The project will be over.


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