• Govt vacancy filled without paper advertisement

Dear Sir/Madam,
My brother is working in Raipur Vidhansabha since 2014. Someone challenged his recruitment in court. High court has given judgement against my brother. Basis was no advertisement given to fulfill the vacancy. Can we get any support. Can we challenge. Please advise.
Asked 6 years ago in Labour

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

Share the entire set of documents and the order of the HC so that we can tell you the merits of the case for approaching SC.

 

you may take a phone consultation accordingly.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

since vacancy was filled in without public advertisement your brother appointment has been set aside by court 

 

2)you would not get any reliefs from SC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You need to challenge the same by filing SLP in Supreme court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes, it is Mandatory to publish recruitment in news paper without notification recruitment can be challenged. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See the candidate can challange the order of court before Supreme court but the grounds have to be seen. A appeal or SLP can be preferred.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Nothing can be done now nor any use to appeal as the management has been declared as defaulter in the matter. Now they have only one way to publish the vacancy and fill up the post after crystal clear process.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Was he made party in the writ before High Court ? How many vacancies were  ? And how he appointment just by interview or through contract ?

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Since it is a government job, making of public advertisement is compulsory and this is a good ground of challenge.

i do not know the contents of the writ petition and hence without going through the contents of the petition it is difficult to comment on the merit of the case.

Consult with a good advocate who deals with the service matter.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

The vacancy that is filled without any advertisement and recruitment process is illegal and cannot be made permanent. He may have been an adhoc appointee.

Somebody must have challenged it and requested that the vacancy must be filled through proper procedure.

Share the full details of the judgment.

A special appeal can be filed against the orders of the single judge.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Assail this order passed the writ court in an intra court appeal in accordance with the applicable High Court Rules.

In case there is no option to seek an intra court appeal, seek a review or prefer a SLP before the Supreme Court. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Sir,

You have to take the matter collectively either to the Division Bench or to the Supreme Court, then the appointment will be saved.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

If the high court has passed a verdict against his recruitment or employment and aggrieved by this decision, your brother may prefer an appeal before the higher forum of the same high court or before the supreme court for relief and remedy.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer