• Case of recruitment rules

I m a graduate in physics and appointed as GTT(Maths) in Anadaman and Nicobar administration under Govt. of India from 11/2010. My service has been confirmed and I am a regular Government servant. Now It is learnt somebody has filed a case against our recruitment . the case was disposed in 2015 by CAT. They further went to High court and the court has now judged that the recruitment is not fare. As per the judgment the RR says GTT(Maths) should have graduates with mathematics only and ordered to set aside the recruitment.. What is our fault we have not done any fraud. The error is from the side of appointing authority. What should we do??
the case no is WPCT no 375 of 2016 
calcutta high court.....Judge Honorable Nadira Patheriya
Asked 7 years ago in Labour

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15 Answers

Challenge the order on the ground of non joinder of important parties to the suit.

Since you are the party who is effected by the order of the court and you have not been made the party therefore you have the right to challenge the same.

OTHERWISE

there have been various cases wherein the court has held an exam or selection process to be in violation of law and has stuck down the entire process.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1) once your recruitment has been set aside by HC you would lose the job

2) you are graduate in physics not in maths .

3) hence your appointment as GT( maths ) would be illegal

4) obtain copy of order .

5) contact a local lawyer . file writ in HC to challenge said order

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

if your appointment has been set aside by court of law then you cna be removed from service

your length of service is immaterial

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

Without seeing the decision of the court its very difficult to comment much.

The decision of single bench order of high court can be challenged before the division bench of Calcutta high court.

If no fraud has been committed and there was mere irregularly in appointment then court generally doesn't terminate the job of employees in force for such a long time.

So prima facie the decision of the court is found to be faulted with.

Preferring an appeal is right course of action in the present scenario.

If you need further help on this feel free to contact.

You have a very good merit for reinstatement.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

Respected sir...

It is clear that mistake is made but it was on part of government authority but sir it is bad in law in india that you have to pay for the mistake which is made by the authority...Sir just hire an advocate in High court and challange that order as you have filled up all the criteria At that time for a eligible candidate...Sir you have to face this and set up your stand against that ... Surelly court will decide in your favour...You can take ple of case in Haryana where govt had made scam in recruitment and the ex cm is behind the bars but candidate are stil serving as govt employee as there is no fault at there part ...

Thanku

Dinesh Sharawat
Advocate, Delhi
1265 Answers
12 Consultations

Yes the same can be done. Court has the right to cancel the selection process at any point of time.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

This Judgement couldn't have been passed without you being heard by the court, since you are were a necessary party to this writ petition.

You ought to have been heard by the court, since the aforesaid order passed, was/has affecting/affected you.

Approach the High Court and file a review.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

After serving of 7 years and appointed as per requirements then thou also qualified need not be removed for no fault if you

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

Then without seeing the decisison it is ddifuckt to make further comment.

From your previous query it was appearing that as if the whole list f successful candidates was set aside which was highly unjustified and illogical.

So if you show the order then i can assist further on your future line of action.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

What is the action taken by the department/organization post judgment that is against your employment?

Have they terminated the services or issued any notice of termination and what was the clause quoted by the department in their termination letter?

You may have to wait for the action taken by the department for initiating legal steps in this regard from your side to protect your interests..

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

Can a regular government employee who has served for more than 07 years of successful service can be terminated/dismissed/removed without any fault from their side. In this case under which CCS rule the action will be taken.

The government will take necessary steps to accommodate the employee elsewhere on some other basis, wait patiently for the follow up action by the organisation and then decide further course of action to be taken in this regard.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

The confusion is that, the judgement is against 04 respondants of Bengali medium. but I m in English medium. The selection list is different. should only they go for appeal .The department is moving to Supreme court against the decision. We are in deli ma as our name or list is not mentioned in judgement . How can we appeal? Is there a specific time with in which the appeal is to be made?

Since you have not been included in the judgment and also the department has not initiated any action against your employment, moreover the department is initiating process for preferring appeal before supreme court, you may just wait patiently for a clear cut outcome and then initiate process from your side.

There is no time limit to prefer an appeal against the writ if you are not a party to the writ.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

only bengali medium aggrieved employees should go in for appeal

2) you are not affected by impugned judgment

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

Even if your name is not there in the judgement, or you were not a party to this case, you can still challenge this decision inasmuch as it is having a negative impact on you and has severely altered your position.

You have 90 days to file a review. I will advise you to file a review. Approach the Supreme Court if your review is dismissed. Though the Department is going to challenge this, even you should undertake a legal fight. Do not be dependent upon the department. fight against this judgement long with them,.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Since the judgment has an effect on you. you can go ahead and challenge the same.

Review is to be filed within 90 days and if the review is dismissed then go to the SC.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

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