I was senior most in DGM grade having all the requisite qualification to get promotion to GM grade.But surprisingly I was deprived of promotion in Nov.2004 due to whimsical action of GRIDCO/OPTCL Authority. I challenged this illegal action of authority in hon`ble orissa high court. The court in its judgement dated 21.02.14 observed that the action of CMD was illegal and directed him to promote me to GM grade and release all consequential service benefits with in 6 weeks but was silent about the cost of litigation and compensation towards mental, physical and financial sufferings for about ten years on a false allegation.
Shall I have any right to claim proper compensation? If yes then how and in which forum?
Asked 3 years ago in Civil Law from Bhubaneswar, Odisha
Hi, you have to file civil case for compensation for damages but you have to pay court fee.....
i think you have already got what you wanted
Advocate, New Delhi
Obtain the certified true copy of the Order of the Hon'ble High Court enclose the same and seek redressal from the Labour court for cost of litigation, compensation towards mental, physical and financial sufferings for the last 10 years, from your organisation. Alternatively you could file a review before the High Court seeking redressal of these issues.
you got relief s you had sought in petition filed in the high court . since court has directed you to be promoted to GM garde and also consequential service benefits you should be happy with court order .
did you claim costs of litigation ? please note that actual costs of litigations are never awarded by courts . at most you get nominal costs .
as far as compensation towards mental torture are concerned the fact that you have been vindicated is sufficient compensation . dont open second round of litigation .
You already stand vindicated insofar as your legal right to be promoted to GM is concerned.
If you claimed the cost of litigation then HC order could not have been silent on this aspect. If you desire you may sue the institution for mental trauma undergone by you in waging a legal battle to vindicate your right to promotion by repelling the false accusation, but this will not be advisable as it will open up another round of litigation.