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
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 5 years ago in Labour
10 Answers
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
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
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.
Please check for any notification on the said appointment and this would surely help you in actually determining the actual time.
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.
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.
Thanks for replying. Now pls tell me if I should file writ petition in High court or in CATE? Pls tell me time limit for filling my case to court as my case is going on through Disability Commission yet. They have send notice to DOE to finalize the case in three months. Should I wait for repy of DOE Or file writ now?
Asked 5 years ago
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
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.
You should file petition before CAT
You should wait for DOE to finalise case in 3 months then only decide your course of action