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Can I get seniority and other benefits from CAT judgement


28-Feb-2023 (In Labour & Service Law)

I was initially appointed as a medical officer in adhoc in feb 99 under defence ministry. filed a case in cat and cat has given direction for regularisation in july 2001. But department has not implemented and moved to high court . in march 2014 department withdraw high court case and regularised my services through UPSC from Jan 2016.my question is that can i get seniority and other benefits from cat judgement ie july 2001 because department withdraw case so cat judgment should be implemented. one more thing my service is without break from july 2001.my initial appointment was as per rule.

Answers (3)

Answer #1
646 votes
Yes you can get the benefit of seniority as well as in salary as the pay commission as when applicable, you are also like other similarly situated employee in your department. Because once the case is withdrawn by the department meaning thereby the judgement of CAT is upheld.
Answer #2
797 votes
yes you can seniority from 2001 infact it should already be done by the department.
meet an advocate without delay to get the record perused, So that the matter can be iniiated any further.
Show your paper n move a representation seeking the same remedy through application first.
Answer #3
687 votes
Yes you will get seniority but you will not get any remunerations as per the supreme Court ruling no work no pay.. "I was initially appointed as a medical officer in adhoc in feb 99 under defence ministry. filed a case in cat and cat has given direction for regularisation in july 2001. But department has not implemented and moved to high court . in march 2014 department withdraw high court case and regularised my services through UPSC from Jan 2016.my question is that can i get seniority and other benefits from cat judgement ie july 2001 because department withdraw case so cat judgment should be implemented. one more thing my service is without break from july 2001.my initial appointment was as per rule."

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