Yes you can try your luck through writ petition in high Court
Right to equality in Government Service
1. I work in Central Government Department , about 350 candidate of same batch joined in 2006 . 2. we are engaged in field survey job. and head quarter is far away from our posting area. 3. about 15 seniors of 2005 batch won a CAT Case for relaxation of 2 year for promotion to higher rank. 4. about 135 candidate (2006 batch mostly lower rank - as per seniority list ) made a group and filed a similar case in CAT and after interim order from High Court Delhi and got promoted and taken notion promotion and pay benefits also. and now become senior in seniority list, too. 5. when we remaining 215 candidate of (2006 batch) filed case in CAT we also won. but Department denying to give similar benefit to us. My Question is :- (a) Is there any way or legal solutions that we can get similar benefit from the High Court or Supreme Court of India. (b) Is our case qualify under Right to Equality in public employment.
Asked 4 years ago in Constitutional Law
20 Answers
You are entitled to similar benefit
if department is refusing to grant you similar benefits file writ in HC against management refusal
Hi,
You are suggested to file contempt petition in CAT itself to exert pressure on government to give all dues and benefits.
1. Yes definitely it is.
2. You will get the same benefit as those of other employees.
regards
1. If you have won the case in CAT and no appeal is preferred against the same then the department is bound to comply with the directions of CAT.
2. Now if the same is not adhered to then you can file contempt petition before the CAT.
3. The decision of the high court on similar issue would strengthen your case more.
Government cannot discriminate amongst similarly situated government servants.
If you already have a Court order from CAT in your favor and the same is not being obeyed, file a contempt petititon.
Relief already granted to you, dept. is bound to obey CAT order. File contempt petition before CAT. CAT order has attained finality.
Thx for your valuable reply and advice. 1. Department refused all the request letter to give benefit on basis of CAT order. we had filed case in CAT, 1 year had passed department taken 3 months time in first date, but not present in next two date(s). 2. We are not aware of legal system rules and regulation, Deptt. officer said that benefit will be give only if get order from high court or supreme Court of India question is : 1. Can we move to Supreme Court of India and file writ petition against department. 2. Which Writ Petition we have to file. 3. Is there any time limit to file a case in the court ?
Asked 4 years ago
You don`t know but advocate appointed by you must know it. So such kind of excuses won`t work in court. Most of things depepdns on capability of an advocate appointed by you. Refusal by dept. is direct disobedience of court order.
we had filed case in CAT, 1 ??? Had to file contempt petition.
1) ask department to give in writing that they will not implement CAT orders
2)if you have filed any further case in HC you cannot during pendency of case in CAT fie any writ in HC or SC
Dear sir,
Since you have got the order in your favour and now the authority you work in, is not following the direction by the tribunal. The appropriate remedy for you is to file a writ in the nature of mandamus in which the court will be issuing directions to the authority to comply with the order. Alternatively, you will be entitled to compensation alongwith the direction.
I am an advocate practicing at High Court. You can contact me for the writ.
Regards,
Yuganshu sharma
Advocate
1. Depends, you might have to withdraw your case pending in the CAT first. One needs to go through your file to give you a concrete advice.
2. If you approach High Court, you will have to prefer a writ under Article 226.
3. Yes.
- As per Central Government Act. , There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
- Further, department cannot refuse to comply the order of the CAT , but can challenge the same.
- Since, you people also own , hence the department is bound to give same benefit as well.
- Before approaching the higher Court , you should file your contempt petition before the same CAT .
- Court will itself pass order against the department for the direction in your favour.
You can file the same at delhi hc. It's better you file it early writ petition doesn't have limitation. It should be for direction against the said department for your prayers.
1. No you can not move directly to SC when case before CAT is pending.
2. You can file a writ under 227 for expeditious disposal of the case pending before the CAT.
3. There is no time limit.
You may get in touch for further discussion on the issue.
Regards
You can file contempt petition in high court.
Before that give a representation to your employer to give effect of the CAT order.
1. It is not clear whether you had filed any case in CAT which ws in your favour or not.
2. If the answer is yes then the department is bound to listen to it.
3. There is time limit to file contempt petition but not for filing case in CAT or for writ petition.
You are entitled same benefit as other employees.
You need to file a writ petition in supreme court against the injustice done by the department.
Yes your case is qualified under right to equality under same post of public employment.
You all can give a representation to the department for promotion based on the orders of the CAT, let them give a reply in writing denying the same for the reasons they may rely upon, after which you can file a contempt of court against the department if they have not approached high court with an appeal against the CAT's decision.
If the department is refusing to obey the CAT decision, you can very well file an execution petition to execute the tribunal's orders against the department before the high court.
If the execution petition is dismissed then you may approach high court with a writ petition.