DISMISSAL FROM THE SERVICE AFTER SERVING 28 Years

Tilak Marg Forum for Legal Questions Forums Service and Labour Laws DISMISSAL FROM THE SERVICE AFTER SERVING 28 Years

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    • #5726

      Hello Sir,
      My father have been appointed on grade 4,later promoted to Grade 3. Later the 3 judge bench Patna High court consider the appointment illegal and arbitrary in year 2014 case no. CWJC 4402/2000 and the department dismissed him later in 2016 after being in service for 28 years. What should I do now and what is the chances of getting job also suggest lawyer to file same in SC.

    • #5796

      It appears that the high court order was passed in the year 2014, which is about 6 years back. Likewise, the order of dismissal passed by the department also appears to have been passed about 4 years back in 2016.

      If you want to now challenge the aforesaid high court order in the Supreme Court, that would mean a delay of about 6 years, since the limitation period to file a Special Leave Petition (SLP) is 3 months. This is a gross delay and it will be very difficult to explain the delay, unless you have some really genuine reasons to explain the delay. Therefore, the chances are that the SLP may be rejected by the Supreme Court on the grounds of delay alone.

      Moreover, usually, the chances of success in SLPs in the Supreme Court are comparatively less, since a majority of the SLPs are dismissed on the first date at the notice stage itself.

      So, the chances of success in your case appear to be very less. Yet, if you want, you can try.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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