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  • Undated cases with a stay on recruitment


    Did you apply for a PSU job and it has got caught in a legal wrangle with no date allocated by the High Court for a further hearing for many years? Find out what further legal steps you could take and whether or not that recruitment will go through.

    Recently I cleared an exam for a Public sector enterprise. The company's OBC welfare association's Secretary filed a case against the recruitment. So the court had given an interim stay on the recruitment. Now it has been 2 yrs. since then. The case came for hearing only thrice in the High Court. After that, the next hearing date was not allocated, and it has become an "undated case". The selected candidates are waiting for 2 years.

    We wrote a letter to the CJ of that High Court to list the case, but there is no response. What steps can we take? Can we wait for a further time? Can we approach the High Court to list the case in any possible way? What happens if the PSU cancels the validity of that recruitment?
  • Answers

    4 Answers found.
  • The maximum which can be done in this type of cases is only to apply to the court for a date. Actually the parties have to insist for a date in the court for early resolution of the case citing the career of the students which is being affected due to the delay in court case.
    Sometime it so happens that neither the organisation nor the individual who has lodged the case has interest in early resolution. Result is that they do not approach the court for early resolution. Courts are also having a lot of cases going and they also not bother for it.
    There are some indirect ways also to try to get that thing persuaded and one of them is to meet some high influential person like Chief Minister or Prime Minister or President and seek for justice to the students. If they issue a note to the judiciary then the court might take cognizance of that and fix a date for hearing.

    Knowledge is power.

  • I suggest to file a case in the High court by all the people who cleared the examination. You have to consult a lawyer who can help you in this regard. You can say that you are unemployed and your future depends very much on this job and an early settlement of the case is very essential. Once the high court admits the case, your lawyer can bring out all the hardships you are all facing due to this. Then the HC may ask the lower court to finalise the case at the earliest.
    Another way is to approach the organisation and asked them to speed up the process stating to the court that they are suffering due to a lack of staff as the recruitment is stopped for a while. As an interested party, the organisation can approach the court for early action.
    Another procedure is that you can approach the OBC welfare association's Secretary of the company who filed the case in the court through a known powerful connection and make him withdraw the case so that the organisation can start its own recruiting process.

    drrao
    always confident

  • If the matter concerns only a few candidates, it may not get any highlight. Even if the order comes in your favour, there are chances that there can be appeals by the other side.

    Your side has to convince the court about chances of lapse due to age threshold or lapse of the vacancies due to lapse of time. By that you have to get it listed for earlier hearing and disposal.

    The practical way here is to involve politicians and media in this mater and make it a public political issue. With their support various types of agitations like Dharna, fasting etc can be taken up. You have to involve MLAs and MPs.
    But it appears that they are not interested for an early settlement.
    You can approach the recognised union of that PSU organisation and as them to intervene in this matter and come to a practical negotiated solution protecting the interests of both sides.

  • It is really a precarious situation when the promising youths are stuck in a situation where no end result would be seen. You may take up the following initiative to normalise the situation. The following tips can be helpful-
    1) Contact a reputed lawyer of the high court of your area apprising him of your difficulties due to the representation made by the secretary of OBC welfare association and the recruitment process has been withheld due to the interim stay. He may advise you the next recourse in this regard.
    2) The other way would be to meet the secretary personally requesting him to withdraw the case filed already in the court considering the general interest of the candidates of loosing their job opportunities. He might be agreeable to your proposal.
    3) If you have any contact with the influential MLA of your area, request him to sort out the case with his sittings from both top of the officials of the organisation and the secretary of OBC Welfare Association averting the present situation.


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