Non-implementation of High Court Orders
5 months ago
I was granted two increments on acquiring MBA degree in 2009 by my company (Public Sector Undertaking) which was later on recovered after introduction of new policy on 25.3.2010 vide which policy was changed w.e.f. 1.1.2007. This retrospective effect of circular was challenged in High Court by few employees and judgement came in favour of employees and court decided that all the officers who have acquired qualification prior to 25.3.2010 would be entitled for increments which they were enjoying. Consequent upon the judgement re-payfixation of employees was done but my pay-fixation was missed. Now I asked HR about the delay and for re-payfixation, but they have raised query on my file that Institute is not being seen given approval in the site of DEB. Whereas two of my colleagues who did from same institute and for same duration have been re-instated the increments. I am feeling being targeted and discriminated. Please advice
If you believe you have been a victim of discrimination and have ample evidence to support your claim, the recommended course of action is to initiate the grievance redressal process. File a formal complaint with the Grievance Redressal Committee/Cell within the relevant Public Sector Undertaking (PSU). The internal mechanism is designed to address and resolve grievances based on merit. If resolution is not achieved internally, the next step involves submitting an application to the Registrar of the Central Administrative Tribunal (CAT) under Section 19 of the Administrative Tribunal Act, 1985. It's crucial to ensure that the application aligns with the jurisdiction defined in Rule 6 of CAT (Procedure) Rules, 1987, and follows the prescribed procedure in Rule 4 of the Central Administrative Tribunal (Procedure) Rules 1987 and the CAT Rules of Practice, 1993. If the CAT's decision is unfavorable, you retain the option to file a writ petition challenging the order before the High Court under Article 227 of the Constitution of India. Seek guidance from a legal professional with experience in Service/CAT matters to navigate through these procedures effectively.
If you feel yourself a victim of discrimination and you possess sufficient evidence to establish your claim, you need to file a Grievance before the Grievance Redressal Committee/Cell following the grievance redressal mechanism which is in existence almost in all the PSU to address and resolve the grievance in-house based on merit and failing which you need to file an application before the Registrar of the Central Administrative Tribunal(CAT) under Section 19 of the Administrative Tribunal Act, 1985 having jurisdiction on the subject matter(as defined under Rule 6 of CAT(Procedure) Rules, 1987 and in compliance with the procedure prescribed under Rule 4 of the Central Administrative Tribunal(Procedure) Rules 1987 and the CAT Rules of Practice, 1993. In case the Order of the CAT goes against you, then you may prefer a writ petition challenging the said order of the CAT before the High Court under Article 227 of the Constitution of India. Reach out to an Advocate experienced in handling Service/CAT matters for guidance and steps.
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