The government jobs have always been a popular choice in India. The sense of security and power attracts everyone towards government jobs. Security and power come with difficulties at times. Our Best Lawyers of Service/ Employment Law in Chandigarh can tell you that Union of India and State Governments share a major percentage of the litigation in writ jurisdiction. The reasons of litigation are poor redressal mechanism in hands of the government, biased attitude of the senior officials, personal vendetta or at times, the fault of the employee. Some of the areas of service law are promotion matters, disciplinary actions, transfer cases and biased attitude of the higher officials.
Laws applicable: The Constitution of India, Union, and State Regulations/ Notifications/laws/bylaws.
In the case of any dispute, the employee shall file a representation to the appropriate authority. Once the matter is finally adjudicated, an appeal can be filed to the appellate authority as per the provisions are given in the act or regulation/notification.
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.
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