service matter- promotion
4 years ago
I was working in a Kerala Govt. owned Public sector Undertaking from 2000 to 2006 on contract basis and in 2007 Govt of Kerala absorbed me as a permanent staff. Next Govt terminated my service as back door appointment.
I filed a case in the single bench Hon. High Court of Kerala and got a Judgment in 2009, court ordered reinstate me with back date i.e., date of termination without any monetary benefits . Govt of Kerala filed appeal against this Judgment before the division bench and appeal dismissed by the court and I reinstate the service in 2012. But my service calculation for promotion company not considered
my 4 and half years spent out of service ( from 2007 to 2012). Again approached to single bench of Hon. High Court of Kerala and court ordered to give me 4 and half years. Govt of Kerala filed appeal against this Judgment before the division bench and court dismissed appeal.
Now Govt of Kerala filed appeal before the Hon. Supreme court of India, now case pending for admission , I want advice whether I appoint advocate this stage? Or after getting admission only ?
Almost all advocates says court will not give admission it will automatically dismissed the case because single bench as well as division bench of Kerala High Court judgment was favor to me.
If I appoint advocate in this admission stage can I defend for giving admission? I do not know the procedure of Supreme Court, pls give me advice
It is better to appoint at this stage only to see that it should not be admitted by Supreme Court.
Anonymous
Replied 4 years ago
Sir
Received your reply thank you very much. Some advocate informed me initial stage we do not appoint an advocate . Supreme Court does not entertain this. If got admission then only we need to appoint an advocate, pls give me reply in this regard
Shreyash Mohta
Responded 4 years ago
You can however be in talks with a lawyer who shall silently look into the case whether it is admitted or not.
if the case is admitted then you shall need an advocate to appear on your behalf and defend your case.
However, if the case is not admitted, then, you shall not require an advocate as because the SC itself shall not entertain this matter.
Thanks
Anonymous
Replied 4 years ago
Sir
Thank you for your quick and clear response. Some advocate informed me if we appoint an advocate initial stage , we can defend for getting admission at supreme Court. It it true, can we defend in the initial stage , whether supreme Court will entertain for defending ? Pls give me reply in this regard
Shreyash Mohta
Replied 4 years ago
Generally an admission hearing is done by the advocate of the person who is filing the same. Thereafter the court upon merits decides whether such matter shall be taken up or not. It is after this decision that the opposite parties are sent a summons to appear in the court and fight the matter.
However, I do no find any reason to appoint a lawyer because the opposite side does not remain present in an admission hearing.
Also, the admission, whether possible or not is the discretion of the court.
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