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
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
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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
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.
thanks sir, but my recruitment notification(2005 year ) 1200 posts notified ,1200 appointment letters issued and all are joined , final judgement came in 2015 by SC and PSC and state government revised our selection lists by reduced 400 notified posts published 800 posts, but SC did not directed to reduce notified posts but PSC and State govt reduced notified posts citing reasons that are posts carry forwarded to next notification. 1). is there having any authority of carry forwarded posts to next notification by PSC OR state govt while is pending before court. 2) if no authority to PSC and State govt to reduce notified posts . , is any supporting judgement pf SC there.pls inform
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
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
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.
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.
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.
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.
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.
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.
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.