1. No
2. Yes.
3 He can approach court
4 they will have to pay him the remuneration effective as per his category and post
Reservation/backlog appointment
Dear sir/Madam , My query relates to a candidate who has been appointed in 2014 in an educational institute having granted and non granted schools in Maharashtra. He belongs to a backward class category. Granted Educational institute has to follow reservation policy in recruitment . he is appointed due to backlog of his caste category in the institute. The institute has given appointment letter . 8 years are passed till he is working on non granted schools of the institute. He is the only one candidate of his caste category in the whole organization. There is backlog of 6 posts of his category as per roaster points . The organization is following general seniority list ( includes all category ) instead of category wise. My question is 1. Can the organization appoint him on non granted schools to comply govt. reservation policy. ? If so, are they defeating govt. very purpose? 2. Is it right to follow general seniority list instead of category wise. ? 3. Are they depriving him from his right of appointment on granted post.? If so can he go to court for justice. And ask for compensation of granted salary mention in appointment letter from appointment date. 4. What are the punishment provisions as per law if they are wrong?
Asked 3 years ago in Labour
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3 Answers
1. You must visit the employment offer letter in which the organisation would have clearly stated about the conditions of his appointment i.e., whether he was appointed in the backlog of his caste category or otherwise.
2. If you are aggrieved by the decision of the competent authorities of the organisation in this regard, you can file a writ of ceritioriari mandamus petition before high court seeking relief and remedy.
3. If he is aggrieved by such acts he is at liberty to make a representation in writing too the competent authority seeking clarification and justice to his grievances, if his application is not properly addressed, he can approach the legal forum for remedy.
4. This is a deviation of law and mostly governed by civil laws, hence do not imagine about the punishments as per criminal law, you first of all ascertain what your rights and fight for it.
Dear Client,
Every citizen has a right to establish and administer educational institution under Article 19(1)(g) so long as the activity remains charitable. Such an activity undertaken by the private institutions supplements the primary obligation of the State. Thus, the State can regulate by law the activities of the private institutions by imposing reasonable restrictions under Article 19(6). Since it is civil right, the Supreme Court has held that the questions of seniority cannot be effectively adjudicated upon unless the persons who are shown senior to the aggrieved employee are impleaded as parties.How seniority of candidates is determined in case two results of recruitment through examination are announced for selection to same grade or post within the same year. The seniority of the candidates will be determined as per date of publication/announcement of result. Thus, even those, who are selected for the advertised posts have no right to be appointed because advertisement is an invitation to become a qualified candidate, but a qualified candidate (in common parlance forming part of the select list) has no right to be appointed. There is no legal duty, vested in the State that even though the posts are advertised and even though the select list is prepared, all the candidates must be appointed.The Supreme Court can refuse relief under Article 32. The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights is guaranteed.
Thanks & Regards
