• Delay in reinstating me in service / Delay in complying with the directives issued by the apex judiciary body

I have been fighting a legal battle since 2010 for my post in a state government's university, from which I was unjustly terminated in just a few months after joining.

On [deleted], the honorable bench of Madras High Court gave a verdict in my favour, directing the state university to reinstate me in service with all consequential benefits within a period of six weeks.
Later the SLP filed by the state government university against the high court bench ruling was dismissed by the honourable Supreme Court on [deleted].

Subsequently, a review petition filed by the university, also got dismissed by the honourable Supreme Court on [deleted].

It has been more than two months, the state government university has neither filed a curative petition, nor reinstated me in service. I have reached out to the university office three times via email to kindly inquire about the university's stance, and none of my emails have received a response.

I would be grateful to hear the way forward from the legal experts.

Thank you
Asked 1 month ago in Labour

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9 Answers

You have approached for a relief and remedy before court and have stated that the court has granted the relief prayed for in your favor.

Despite getting their appeal dismissed, you are remaining silent without taking further legal steps against the university clearly indicates that you are not in touch with your lawyer about further steps. 

If a university is reluctant to reinstate you despite a High Court order in your favor, you should immediately seek legal advice from your lawyer and consider filing a contempt of court petition against the university. 

If the university is deliberately defying the High Court's order, your lawyer can file a contempt of court petition against the university and its relevant officials. 

Your lawyer is the best resource to guide you through the next steps. They can advise you on the specific wording of the High Court order, the university's obligations, and the best course of action. 

T Kalaiselvan
Advocate, Vellore
88628 Answers
2403 Consultations

File a contempt petition before the Hon’ble Madras High Court, and mention all the relevent facts which you have highlighted in your query, that the University has exhausted all its remedies right till the Apex Court. Specifically mention that the initial order of the writ court has attained finality. 

Vibhanshu Srivastava
Advocate, Lucknow
9731 Answers
318 Consultations

The best option under the circumstances is to file a contempt petition at the proper court in consultation with your advocate. 

Swaminathan Neelakantan
Advocate, Coimbatore
3017 Answers
20 Consultations

1) issue legal notice to university to comply with court orders 

 

2) if university fails to comply with court orders take out contempt of court proceedings against university and it’s officials 

Ajay Sethi
Advocate, Mumbai
98426 Answers
8006 Consultations

- As per law, all the institution and courts are bound to comply the direction of the Supreme Court. 

- You can file a contempt petition against the university before the High Court for the non-compliance of the direction 

Mohammed Shahzad
Advocate, Delhi
15178 Answers
232 Consultations

You can go for contempt against the said authority 

Prashant Nayak
Advocate, Mumbai
33491 Answers
221 Consultations

Nothing moves in government without a contempt petition. Directly file a contempt if a proper notice is issued to comply the order of HC. The concerned authority will be directed to appear in Court, before that they will comply the order. 

Ravi Shinde
Advocate, Hyderabad
4871 Answers
42 Consultations

Since the Supreme Court has dismissed both the SLP and the review petition, the university is legally bound to comply with the Madras High Court's order. You may now file a contempt of court petition in the High Court against the university for willful disobedience of judicial orders. This will compel the university to act or face legal consequences.

Shubham Goyal
Advocate, Delhi
1113 Answers
6 Consultations

Dear Client,

  1. Since both the SLP and the review petition have been rejected by the Supreme Court and no curative petition has been presented within reasonable time, the order of the High Court has become final and binding.

  2. You can present a contempt petition under Article 215 of the Constitution and Section 12 of the Contempt of Courts Act, 1971 for wilful disobedience of the court's direction.

  3. You may also go to the High Court with a petition of execution under Order XXI CPC to enforce the reinstatement and consequential benefits as ordered in the judgment.

Hope this helps you out, should you require any other explanations or difficulties, please just ask.

 

 

 

Anik Miu
Advocate, Bangalore
10625 Answers
123 Consultations

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