Seniority with financial benefit
Very Good Morning. Presently I am serving in BSF(MHA). I select as constable fit in 1997 but deptt. dono't issue order to joining. Then I lodge petition in H'nble High Court. Then deppt. issue order to join me in 2000 on the base on 1997(Order by Court). But deppt. paying facility from 2000 which should be pay from 1997 because in this case totally fault of deptt. If deptt. call me in timely I able to join. I Want to getting facility (All) since 1997, it's possible? If yes, tell me How? PLS GIVE ME ANSWER –Binod- email@example.com.
Asked in Constitutional Law from Munger, Bihar
It is possible to get the service benefits from 1997 itself if the court order says so. What does the order of High Court say? After going through the terms of Court Order can one give correct advice.
1. You are silent on the direction of back wages by the High Court when it directed the govt. to give you appointment.
2. If it is silent on this issue then you have to file a fresh Writ petition.
3. Please bear in mind that the court generally rules in favour of no work, no pay principle.
Answer depends upon the court order you have referred to.If there is no such direction then you need to file fresh petition.Feel free to call, if so desire.
Advocate, New Delhi
although you were selected in 1997 orders to join service was issued only in 2000 . you have been paid your salary from 2000 . since the order of HC is silent as to whether you should be paid salary from date of selection in 1997 Govt is not bound to pay you wages from 1997 onwards
Your relief depends on your High Court Order. There must have been certain direction given by the court which you've not mentioned. If there is any confusion, file a fresh petition. You should get all the benefit from 1997 in my opinion.