• Regular Service count in case of delayed appointment

Sir, Almost all the batch mates joined department in 2018. However, due to court delays my appointment is delayed by 2 years. I want to know if i can get my lost regular service back. I am aware of the fact that my seniority would be same as preceeding appoints. However, post probation will my regular service be at par with those who joined earlier? Can I file writ petition on this? I want to avail this benefit of regular service in non functional upgradation from 4800gp to 5400gp after 4 years of regular service. Can I get 2 years benefit here?
Asked 5 years ago in Labour

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11 Answers

You need to first file representation on this ground and letter go for writ petition in the same

Prashant Nayak
Advocate, Mumbai
34734 Answers
250 Consultations

You should have obtained order from court that you are entitle to national appointment than your seniority would have count from first appointment. 

Can file review petition in court to request the court to grant notional benefit than only you can claim benefit of seniority with other batch mates.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Dear Sir,

You can surely file a writ in this regard.

Kindly provide the information of the terms and conditions of old service and the new

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

Yes you will get 2 years benefits, go for writ petition 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You say that you have been appointed into the service after the judgment by a court of law in this regard. 

You can go through the judgment for knowing about employment status,  seniority protection etc.   

Without knowing the contents of the judgment,  any opinion given in this regard may be misguidance. 

T Kalaiselvan
Advocate, Vellore
90271 Answers
2510 Consultations

Yes you are fully eligible for promotion along with all your batchmates. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes,Definitely you may do that on the principle of parity with your colleagues. 

Your promotion, job,ACR,leave and increment are the subject matter during pendency of Court case and it doesn't affect your service because of litigation due to fault of management to process your recruitment withon time fram and appoint you as per rules.

You can't be held responsible for the wrong reasons and action of the management through regular court proceedings against you upon unfair and unconstitutional charges against you for your lawful appointment. 

You may file writ of Mandamus   before High Court seeking direction against the management for the relief of  your grievances which were unequivocally caused to you unfairly, unethically and illegally.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. Yes if you will get all the benefits of seniority if you win the case.

2. You can file writ petition to claim your benefits if denied by department.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Promotion from retrospective date shall be granted in case a delay. you may file writ petition. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Dear Sir/Madam,

You may very well file the writ petition and avail all the benefits entitled to you.

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have somewhere rightly mentioned about the benefit of your regular service at par equal with others or not.
  2. I would like to apprise you that as your seniority will not compromised, so the regular service can also not be compromised at all as both are consequential reliefs to each other.
  3. Yes, you have an only best option to approach the Hon’ble Delhi High Court under Writ Jurisdiction as per Article 226 of our Constitution of India with all the documents with you.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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