[Sunanda Jayasankar]

Sir,
Request kind opinion on what the procedure to be followed by my husband to request CAT to allow my husband to plead on my behalf in the OA filed by me in my service matter. He is not a lawyer, still got necessary knowledge to plead the case on my behalf.

Shall be grateful for early opinion please.

[Sunanda Jayasankar]

Sir,
Shall be grateful, if you could look into my querry at your convenience please.
Thanks
Sunanda

[Sunanda Jayasankar]

Sir,
On the basis of your response to a querry in the forum on 20.9.16, my husband requested for “Intervenor Permission” in the Hon’ble Allahabad High Court, Lucknow Bench, which was permitted and we could able to progress the case in fast pace.

Respondent, almost after one year of dilly dallying the matter in the High Court, now come out with an excuse that the matter comes only under the jurisdiction of CAT. Court agreed to it and directed me to file before CAT in two weeks and also conveyed in the order that the Tribunal will decide in six months time.

I filed my OA before the CAT as applicant-in-person. As an applicant I also moved a written application requesting Hon’ble Tribunal to permit my husband as “Intervenor” citing the permission given by the Hon’ble High court.

During the initial hearing, Hon’ble Tribunal is doubtful about availability of such provision in CAT Rules i.e. permitting husband as intervenor. Surprisingly, the respondent counsel said that “no such provision exists in CAT Act”. Therefore, Hon’ble court expressed reservation to permit me to plead on behalf of my wife.

Request kind guidance on procedure/rule/act which the applicant (myself) or my husband need to put forth specifically before the Hon’ble Central Administrative Tribunal so that my husband could get consideration to plead the case on my behalf as I am convinced that his personal plea facilitates fast progress of the litigation.

Sunanda
Thanks in advance sir,

[Sunanda Jayasankar]

Respected Sir,

Ok Sir, It is clear to me. Thanks
S.Sunanda

[Sunanda Jayasankar]

Sir,
I shall be grateful.if you could look into my request at your convenience please.
Thanking you Sir,
Sunanda

[Sunanda Jayasankar]

Respected sir,
Thanks for your suggestions extended hitherto. As the lawyer engaged by me elevated as Judge, I preferred for in-person apperance with the help of my husband as ‘intervenor’.Hon’ble court accepted my plea and permitted my husband as ‘intervenor’. As the respondent dilly dallying for almost one year, court gave two weeks time specially stating no more extention. Suprisingly, the opposite party has not taken up the CAT jurisdiction matter, inspite of knowing, perhaps planning to project it as last resort after two weeks, intended approach to delay justice.

Now when my husband and myself looking at the matter,it has come to notice that the autonomous body suppose to engage advocate only from the list of advocates notified by Ministry of Law and Justice, or else they are to take seperate permission for private advocate. Respondent not complied with direction of Law Ministry and deployed private advocate without permission, perhaps on high cost, thereby the advocate is an illegal entrant in the instant writ. Under such circumstance, I request for your kind suggestion on the following sir :-
1) Can I raise my objection to court over his present and past appearances in the court in my case
2) As there was failure of justice because of permitting illegal entrant, Can I request for putting the ‘clock back’ and for interim relief as it was not given merely for the reason to hear the opposite party.
3) Is there any case law/rule which I can refer for moving an application referring him as illegal entrant.
4)In the event of my request for “putting clock back’ , whether the sanction granted for ‘intervenor’ will be valid or not.
5)Whether provision exist in CAT for permitting husband as ‘intervenor’
6)if the unauthorised advocate after two weeks instead of giving counter, pleads for transfer/routing to CAT, what could be my best way to convince Court for IR, since on merit basis I am confident on my case.
7) One year participation of opposite party in writ court can be termed as ‘long time participation’ under limitation act, to present my objection on CAT jurisdiction.

sorry for several querry sir. I am hurt that being a women not only executive machinery, even judicial machinery not dealing fairly with me.

Thanking you
S.Sunanda

[Sunanda Jayasankar]

Sir,
Reference my request dated 21st June 17 requesting for clarification about the provision of my husband pleading my case as intervenor or on my behalf since the lawyer engaged by me is likely to be promoted as Judge. Also about the requirement or otherwise of my husband to take permission from employer to be intervenor in my case. Please help with your input sir.

S Sunanda

[Sunanda Jayasankar]

Sir, Also please confirm, whether he need to take permission from employer for becoming an intervenor in my case. Rule book of organisation,does not state anything on the subject.

[Sunanda Jayasankar]

Sir, Inspite of 4 months time, the opposite party has not submitted the Counter as against 3 weeks time granted by the Court. Inspite of the fact that I engaged a lawyer, things not moved as expected. There is a possibility that my lawyer likely to be elevated as Judge and his possibility of handling the case is not clear. So, Under such circumstance whether my husband, who is also an employee of the same organisation, which terminated me, can plead my case in the court as intervenor, since he has thorough knowledge on my case. Alternatively, can he be permitted by court to be present on the date of proceedings to give due input to the Lawyer or to plead on my behalf in the absence of my engaged Lawyer. The input my husband may help the judiciary to hasten the matter, which is in our interest also.

Request your kind opinion on my husband entry either as intervenor or pleader and the procedure requires to be followed. Thanks. Sunanda

[Sunanda Jayasankar]

Sir.

Everything is clear to me. Thanks a lot. Just for your information, as you said, the two months notice is a part of 6 month contract.

What is little disheartening is that High Court registering the case, carrying the proceedings for few sitting and at a later stage, just accepting the version of opposite court convincing for transfer or dismissal seems little unjust for suffer/petitioner, in view of the fact that employer/govt has not much to loose and also because the establishment of CAT has not oust the jurisdiction of High Court under Article 226. Anyhow, it is ok sir.

I am grateful for your valuable expertise. Thanks. Sunanda

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