I got terminated during probation after 1.5 yrs service from Central Govt. Ministry Group-B job in 2014 without one month notice or 1-month salary (Rule-5-CCS-Temporary rules) where as it's clearly mentioned in Offer letter about one month notice. CAT dismissed my appeal in April-2016 stating it is valid termination so, I approached HC, Hyd in June-2016. Counter was filed by the dept. immediately after one month but still case is not listed for hearing. My question is how many years usually this type of cases will take to come for hearing and though counter was filed immediately by the dept. but they didn't served counter copy to our lawyer. Is it means there is nothing to defend the counter and it will directly come for hearing? Is there any way to make my case list early, it's clearly illegal termination without notice. I don't mind if it's positive or negative but I want to close this matter soon. I am unable to move forward and take decisions in my present private job because of this. Can we request court or Registrar to list it soon? Why they have not served counter copy to our lawyer? How long it may take to get judgement? Why it's taking too much time even after getting Telangana separate court? Please suggest and can anyone help me to list it early? My Whatsapp - [deleted] Thanks, Sri
Case should come up for admission within one year or so
2)request your lawyer to request for urgent circulation to fix date of hearing of your writ petition
3) if HC court finds merit in your writ then petition would be admitted
4) it may take some years for writ to be disposed of
Yes you can mention the matter after showing urgency in it and get it listed early.
There is a process called ' Mentioning ' where you or your lawyer can mention the case before the Judge (not Registrar) for early listing of the case showing grounds of urgency. Based on the importance of the urgency the court may allow early listing.
It is an unfair practice of not giving a copy of the counter affidavit to the petitioner. You can ask for copy in the court at the time of hearing.
Please go through the order and check whether any specific returnable date for submission of reply to the counter affidavit by petitioner is given and the date or month when the case will be listed for hearing. If there is no mention as to by which date petitioner is to submit reply to counter affidavit then in such cases further listing is done only after submission of counter reply by the petitioner.
So if you don't have a copy you can't reply. In such cases also you can mention the case before the Judge for necessary directions to the respondent for giving petitioner a copy of the reply.
The cases are called for hearing in serial in normal cases if not allowed for early disposal through the process of mentioning.
The cases is high court takes many years unless you remain pro active and list the matter for hearing.
Unlike in lower court the high court hears such cases which is listed before it and for listing your advocate will have to take effort by mentioning before the court regularly.
So do not wait for its listing automatically as this may take your lifetime.
Ask your advocate to mention it ad get it listed for hearing. Since affidavits are exchanged, the case o ripe for hearing.
See the other side has to provide a copy of the reply to you based on same you can contest the matter further listing matter on board depends upon the previous pending cases so you can file an early hearing application citing reason so that high court can list same.
Depends on advocate hired. Ask your lawyer to file early hearing application. At least your lawyer must have argued for interim relief.
No reply files against appeal.
Actually I joined in Govt. Org job while in suspension from PSU bank and later dismissed, so bank informed the same and forced Govt org. to terminate me. I did mention my previous employer PSU while joining but they didn't ask for relieving letter. Please let me know have you ever seen such case where employee re-instated through court after terminating without notice (I am sure terminating without notice is not valid as per law unless it's mentioned so in offer letter). Have you ever seen such cases or any previous history available? Actually our lawyer mentioned it but Hon'ble Judge advised to let it come as per serial. Is there any other way to list case other than mentioning? What urgency we can mention in this type of cases to list early? Please advise.
Owing to the inordinate delay in listing the case, you may give a letter to the Registrar in this regard and request for bringing the case in the list to be heard in the next hearing.
your request may be considered by the registrar of the high court.
Your advocate should have insisted o get a copy when they filed a counter, even now on the next date of hearing your advocate may insist on it and get the case adjourned for going through the counter they filed.
There is no other means then filing early hearing application, see urgency can be mentioned that you are out of job and other financial difficulties.
1) Your application for urgent hearing has been rejected
2) judge is not convinced about urgency of your case
3) you have to wait for your turn
4) your services were terminated as you suppressed facts about your earlier employment and suspension from service .
5)
In avtar singh case SC has held Information given to the employer by a candidate as to conviction, acquittal or arrest, or pendency of a criminal case, whether before or entering into service must be true and there should be no suppression or false mention of the required information
6) In case the employee is confirmed in service, holding Departmental enquiry would be necessary before passing order of termination/removal or dismissal on the ground of suppression or submitting false information in verification form....
7)
Madras high court has held R Dhandapani vs The Commissioner,
No doubt the petitioner's act of material suppression in giving particulars at the time of applying for the post of Police Constable is a matter of serious concern. However, the extreme punishment of dismissal from service imposed on the petitioner is excessive and is also disproportionate to the charges for the reason that the object and thrust behind awarding of punishment to an offender is only to mend him and not to strangulate him. Otherwise, the very purpose of awarding punishment would not be served. This aspect has to be taken note of by the parties while imposing the punishment. Therefore, I am not agreeable with the extreme punishment of dismissal from service imposed on the petitioner by the first respondent.
17. This court is conscious of the scope of interference in the quantum of punishment decided by the Disciplinary authority and the aggrieved cannot seek indulgence of this court in nullifying the act of the respondents. But, the matter can be re-looked into as per law, when the punishment imposed for the charges is shockingly disproportionate. In the case on hand, the punishment imposed on the petitioner is not proportionate to the charges levelled against him and the non-disclosure of particulars in the relevant format would attract serious punishment of dismissal, which has to be re-looked into.
You can only mention or if judge is not taking it on board then you can mention it before chief Justice to assign the same to another judge
If you have satisfactory grounds of urgency, your advocate may mention the matter before the concerned bench and request for the matter to be listed. Make sure you make a strong case of urgency, for instance, creation of third party rights or any such urgent relief that would require immidiate attention of the court.
Certainly, such procedure is against natural justice. Hearing opportunity is mandatory. File some application so that matter mat come for listing than court will order list on certain date on request of your lawyer.
