• Revival of appointment after cancellation of post

Hii... 
I am a Disabled wheelchair accessible girl. Got appointment order for the post of Librarian in September 2016 but couldn't join because of my mother illness, suffering from sever disease blood cancer. I have asked for the extension. Directorate of education gives extension till 06/02/2017. They tell the maximum extension can b given about nine months according to 1978 rule. I have asked for the more extension. They didn't respond. I continue send applications. In July 2017 they issue cancellation letter. And tell about rule is now changed to six months. How can they change rule while in January Letter they told the rule about nine months.
I request for the revival of appointment as according to rule given in 1978 MO that in public interest and exceptional cases can b revived. My case is going on through Disability Commission. Please tell me can I get appointment again in this case?
Asked 4 years ago in Labour

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10 Answers

You Should File a writ Petition.

A writ petition can be filed in the High Court (Article 226) or the Supreme Court (Article 32) of India when any of your fundamental rights are violated..

Citation

Roshan Raja

vs

Union of india & Ors

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

yes you can get the appointment.

there is a legal principal that the rule of the game can not be changed once the fame has started.

file a writ petition before the HC directly, you will definitely get the relief.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

File RTI application as to why you were not been given extension

2) seek copy of rules wherein it is mentioned that maximum extension is 6 months

3) it is only in exceptional circumstances that appointment can be revived

4) you have to make out a case that you were unable to join on account of exceptional reasons

5) enclose copy of mother medical reports that she was suffering from blood cancer hence you were unable to join

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Court taking a sympathetic view, can definitely grant you some relief taking a sympathetic view in the matter.

Continue pressing your case in the Disability commission.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Please check for any notification on the said appointment and this would surely help you in actually determining the actual time.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Without knowing the contents and the grounds for grievances it may not be possible to render any opinion.

However, in my opinion the disability commission may not be an effective platform to resolve your grievances.

You should have approached the high court with a writ petition seeking relief and remedy which would hav been more effective and enforceable.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

You case will deal according to previous rule, cancellation is illegal.

But you are delaying your case, it`s 2017 matter and 2018 is getting over. File writ in HC for immediate relief.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the issue is pending then wait for them to decide the case. If they have the power quash the order then good.

You may thereafter approach the HC. You could have also directly approach the HC in this case.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

In my opinion the disability commission are not very effective rather they are toothless.

You may have to approach high court for relief and remedy.

However since you have already approached disability commission you may have to await the disposal by disability commission after which, if you are still aggrieved, may approach high court with writ petition.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

You should file petition before CAT

You should wait for DOE to finalise case in 3 months then only decide your course of action

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

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