You can approach HC for necessary clarifications as consequential benefits not provided for
Consequential benefits and other benefits lost due to delay in court
Sir, In August 2017, some students got disqualified due to a minor overlook of not putting a tick in instructions page. Subsequently a case was filed in CAT and on 23.10.2017, CAT gave veridict in favour of students asking Commission to evaluate their results and considered mistake a minor and non-malefice. The verdict was challenged in HC however, in 2018 rest of students other than those disqualified got their results/joinings, the joining was condtional mentioning the appointments were subject to petition challenged by us. High court waited for a similar/related case to be resolved in SC which dismissed Commission's petition(SC) on 22-Nov-2019 and accordingly HC dismissed Commission's petition against CAT judgement(which was in our favour) and asked them to implement original CAt verdict within 3 months. 2. Finally by 06.02.2020 the verdict by CAT,HC and Supreme Court came in favour of disqualified students directing the Commission to give results. However, neither of the Tribunals/courts mentioned anything about consequential benefits/back wages/seniority etc in the verdict and we petitioners forgot to confirm it. Anyhow, the result was published on 29th July, 2020. In this regard: Will seniority remain same for those who joined in 2018 and us joining in 2020. If yes, will department take care of it by default. We lost 2 years or precious time without any fault of ours. Are we entitled to back wages/consequential benefits. Since in the past there have been similar instances where court directed concerned departments to pay back wages due to such administrative delays What exactly is an administrative delay. Does it include delay due to court proceedings as well
Asked 5 years ago in Labour
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
21 Answers
Dear Sir,
Without prejudice to your rights, it is suggested that the department is bound to give you seniority from the date of joining of previous students and salary may start from the actual joining of yourself.
Administrative delays refer to lack of skill to deal with work and assignments as per the qualifications and designation of candidates to the post.
It also refers to sets of negligence knowingly or unknowingly committed by a person who was in charge and responsible for the compliance and day to day affairs of the institution, company and organisation as HOD.
Court proceedings is not Administrative delay but the matter filed due to negligence and order passed against organizations for the fault of Head of Department clearly indicates Administrative delays caused in the matter and has been handled inefficiently.
Due to Administrative delays, consequential measures and benefits may be claimed back by the candidates on merits.
You can file review petition in HC to grant notional benefit. Only seniority will court from 1st date of appointment but not payment.
Without court order, seniority will count from date of joining.
This is not a administrative delay. If you have such judgement than refer them in review.
If the decisions passed finally by HC or the SC is silent about retrospective effect of the appointment then the same is be considered having prospective effect only.
In such circumstances the different date of joining for different candidates would be taken into account while considering eligibility for promotion for the purpose of calculating respective or inter se seniority.
This decision was rendered by CAT and subsequently confirmed by HC and SC .
No where in the decision there was a mention about the clarification you seek now because you did not seek the said relief in the OA.
Therefore in my opinion you may not be entitled to the seniority without another order from the court.
If necessary you may have to file a separate application seeking this relief.
Seniority will be different and not same. Administrative delay will include court delay if the said matter is dragged in court for years
Please all of you have to go to the court once again for the clarification without court order it is not possible.
- Since the students approached the tribunal on 23.10.2017, and thereby permitted to join the service in 2018 conditionally, then after passing the decisions in favour of those students, their respective service will be counted from the date of conditional joining i.e. 2018.
- Further, the seniority will remain same for those who joined in 2018 and you joining in 2020.
- Further, you are also entitled to get back wages and other benefits.
Seniority of an employee is not to be calculated from the date when vacancy arose, but from the date of actual appointment.
1. Yes seniority should remain same for both joinings
2. If department doesn't give same benefits to both candidates then another writ can be filed.
Yes the seniority would remain the same as if other students. It was the departmental mistake and therefore you cannot be held responsible for their fault.
Seniority shall be given to you. Back wages cannot be given as you were not in the department.
Sir, in my post 4 years of regular service is required to get Non functional upgradation from level 8 to level 9 pb2. Can anyone please clarify if I get consequential benefits will that save 2 years of regular service as well?
Asked 5 years ago
Court has not granted you consequential benefits
you need clarifications form HC regarding consequential benefits
If notional benefit permitted by court than you are entitle to consequential benefits.
Yes it needs to be saved to give you justice
The answer is yes.
If is denied to you Please approach CAT for the REDRESSAL of your grievances.
You have been rendered with the judgment which was confirmed up to supreme court.
The relief you seek now, if ws not granted by the above courts, then you may have to apply for it separately.
Did you ask for the said reliefs in your original application, if no, then you may have to apply for it separately.
If there is no mention about the consequential benefits in the verdict, then you have no chance to get them automatically.
you may approach high court regarding consequential benefits .
- Regular service as well. However without going through you petitions prayer and verdict of the court cannot reply.
That may be possible.
Yes it will save your 2 years of regular service.