• Case pending court

In appointing letter stated that all appointments are subject to final judgement of supreme court ( SLP pending)and pending cases before various court,but before final judgement of supreme court PSC AND State government has taken many decisions in notification including posts carry forwarded to next notification , 1) is it lawful take any decisions without inform to court when case pending before court. 2) is subject to final judgement treat as our recruitment is SUB JIDICE . 3) if case SUB JUDICE is there any judgments of not take any changes or modifications before final judgement annouced  of supreme court available. pls inform
Asked 6 years ago in Labour

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12 Answers

1) when case is pending before court no decisions can be taken which is subject matter of litigation

2) in the event of any adverse verdict by SC your appointment would be set aside

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

If the condition of appointment is that it is necessary to inform the court when case is pending. If there is any order, injunction or stay in the said matter then only it will be temporary till final judgement. Offcourse when matters are pending in court the issue becomes subjudice.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1) SC did not direct to reduce notified posts

2) you should challenge decision of govt to reduce notified posts by 400 as all these employees have been working for aast 10 years and SC in its final verdict did not set notification of 1200 posts

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

I may have to go through the office notings on which basis the said notified posts are carried forward. You don't need a judgement if the government has erred in the procedural aspects in your case

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

If these several decisions taken by the PSC and the State Government have the potential to interfere with the free course of justice and is attempt on their part to prejudge the merits of the sub-judice case and to usurp the functions of the Supreme Court which is seized with this matter, these decisions are unsustainable and are likely to be recalled.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

The judgement passed by the Supreme Court ought to have been complied fully.

If the essence of the judgement was not followed, for the directions of the Supreme Court were not complied completely, and if you are aggrieved with this partial compliance, approach the Supreme Court by way of filing a contempt petition.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1. Well,unless there is a stay order passed by such courts on fresh recruitment there is no illegality on giving conditional appointment.

2.Only in the event of specific order of stay on fresh recruitment or giving appointment to the posts under challenge before the court ,the employer is debarred to issue appointment letter.

3.The order of the supreme court passed in the year 2915 needs to be scrutinised to make comment whether there is violation of such order or not.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1) is it lawful take any decisions without inform to court when case pending before court.

It is illegal to take further steps in this regard if there is a pendency of any litigation in this regard in a court of law.

2) is subject to final judgement treat as our recruitment is SUB JIDICE

It is sub-judice.

. 3) if case SUB JUDICE is there any judgments of not take any changes or modifications before final judgement annouced of supreme court available. pls inform

There are plenty of judgments, you can browse through internet.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

1). is there having any authority of carry forwarded posts to next notification by PSC OR state govt while is pending before court.

The state government by its notification may alter or amend or change the previous order especially if there is no restriction or any order forbidding the government from making any such changes

2) if no authority to PSC and State govt to reduce notified posts . , is any supporting judgement pf SC there.pls inform

The government is the authority to make any such modifications or amendments, The authority cannot be questioned.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

1. As I said in reply to your previous query, in the absence of a stay order the govt was free to act.

2. The aggrieved persons can file a writ petition in the High Court to challenge the reduction of posts.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Client,

After issuing of appointment letter post deems filled and cannot be carry forward unless, not joined or joined but left.

Post left becomes future vacancies and valid to include in next recruitment and not joined vacancies bears varied view by different high court.

What is the dispute ?

Rest can be advised on perusal of documents and court orders.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

You query has already been answered. However for further clarification, it is preraogative of the administrative authority with regard to the appointments whether to increase decrease until unless there is an any order to the contrary.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

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