Service/ Employment

  • SERVICE LAW: and its practical application by the best lawyers for service matters.

    Government jobs have always been a popular choice in India for the sense of security and power it brings. Such great advantages can bring many difficulties. The best lawyers for service matters in Chandigarh can swear by the fact that the Union of India & State Governments holds a major share in litigation in the kind of Writ.

    Most of the service matters filed are of the following nature:

    • Matters pertaining to appointment, examination, and joining.
    • Matters pertaining to promotion, salary & arrears.
    • Matters challenging imprudent and unjustified disciplinary actions.
    • Matters pertaining to transfer, suspension or termination.
    • Matters to regularize Adhoc and temporary/ probationary employment.

    The reasons for such huge amount of service litigation are many:

    • Irresponsible and ‘taken for granted’ attitude of the employees.
    • Poor management and answerability.
    • Poort redressal mechanism of the Government Department.
    • Biased and prejudiced environment.
    • Issues pertaining to ego and whim of seniors.
    • Personal vendetta.

    Laws applicable:

    • The Constitution of India
    • Central Service Rules
    • Union, & State legislation & regulations
    • Notifications/ Statutes & by-laws

    Foremost step in service dispute matters:

    • The employee must file a complaint/ representation before the appropriate authority.
    • Upon adjudicated by an appropriate authority, an appeal has to be filed before the appellate authority as per the governing service

    At what stage do best lawyers for service matters suggest preferring a writ petition?

    At any stage, if the adjudicating authority or the appellate authority or any investigating/ subordinate authority under it;

    • Stands in breach of the service rules, or law, or the fundamental principles of law
    • Or is causing (or may cause) an unjust and irreparable loss

    In the interest of justice, the best lawyers of service matters at any such stage approach the Hon’ble High Court under Article 226 of the Constitution of India. The Hon’ble High Court may entertain a petition and issue necessary directions in the interest of justice.

    The writ petition is maintainable against Union/ State government or government authorities. Articles 309 and 311 provide the framework for and require framing of rules defining conduct and misconduct, and for the procedure to be followed in departmental inquiries in case of misconduct; and imposing punishments proportionate to the misconduct. Writ jurisdiction of the Hon’ble High Court can be invoked under article 226 in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari.

    Hon’ble Supreme Court, the highest in the country, may also issue writs under Article 32 of the Constitution for enforcement of Fundamental Rights and under Articles 139 for enforcement of rights other than Fundamental Rights. In service matters, most of the times Article 14 and Article 15 are invoked. Depending upon the facts, circumstances, law, the reply of the other party, the matter is mostly adjudicated by the single bench of the Hon’ble High Court. Either party can file Letters Patent Appeal before a division bench of the High Court. The party aggrieved by the decision of division bench of the High Court can file Special Leave Petition before Supreme Court.

    In writ petition either before Supreme Court or High Court, delay and lashes by the petitioner are always dealt seriously. At times, not filing representation can also invite withdrawal of the writ petition. The draft of writ petition must assail the notifications/regulations/laws/bylaws/provisions to which the petitioner is aggrieved.

    The writ petition should be filed within a reasonable time after the representation is adjudicated. The draft of the writ petition should be comprehensive, it should include the relevant facts, the sequence of the events and notifications/regulations/laws/bylaws/provisions assailed by the petitioner. Our Best Lawyers of Service Law in Chandigarh can help you in contesting most difficult cases of service law against Union or State Government. In the search of justice, at times, we have to take tough decision of going to the court even against our employer. At such situations, we, at B&B Associates ensure that our clients get the desired results.

    Service/ Employment Law

    B&B Associates LLP

    Advocates & Legal Consultants

    Head Office SCO 45-46, Sector 11, Panchkula, 134109

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