SERVICE LAWS AND WRITS
SERVICE LAWS AND WRITS
The founding fathers of India envisioned it as a welfare state that would provide for all its citizens from their cradle to their grave. It is no surprise therefore that the government is engaged in not only providing for the basic necessities like water, electricity but also in manufacturing watches or trading in grains etc all for the purpose of achieving the greater good for its citizens. The Mammoth infrastructure that supports these services requires qualified personnel to Mann and administer them. Understanding these requirements the Indian constitution has incorporated provisions that allows the government to recruit qualified persons termed as ‘Civil Servants’. As the recruitment, promotion, seniority etc in these services are governed by the service rules made by the government itself these rules take the colour of law under Art 13 of the Indian Constitution. An aggrieved employee challenging governmental action with regards to his service is thus faced with the uphill task of taking on the might of the government.
The disputes that primarily arise rage from recruitment, seniority, promotion, transfers, disciplinary proceeding, discharge, suspension, termination, malafides, legitimate expectation, LTC and issues arising from Leave encashment, pensionary benefits like Gratuity, rewards all covered under the CCS Fundamental and Supplementary Rues apart from the host of the various service regulations that govern various aspects of service.
The very specialized nature of action under Art 16 and Art 300-A has lead to the creation of Central Administrative Tribunal. It is also a matter of practice that many of these cases are also filed under the Writ Jurisdiction of the High Court.
We at E.M.J. & Associates with our team of lawyers have experience of representing our clients before the Central Administrative Tribunal, The High Court and various other Quasi-judicial bodies and getting effective orders.
Law of writs was introduced for the first time through India’s constitution which mandates protecting the fundamental rights of every citizen against the governmental excesses. In a country governed by the rule of law, where every citizen be it in the nature of an individual person or an artificial juridical entity are guaranteed certain freedoms; governmental action or omission expressed through rules, statutes, regulation executive ordinances or notification of every nature that has a tendency to discriminate or perpetuate arbitrariness are but an anathema to these guaranteed liberties, given as a matter of right in individual capacities as citizens. Under the law of writs the High Courts and the Supreme Court have been given extraordinary powers to correct such excesses by setting aside or invalidating such actions.
The wide powers bestowed on the courts are peculiar to the Indian constitution which have played an important role in adding a new chapter in the social, economic and environmental history of India. As the relief under this instrument can be sort despite alternative remedies existing under other laws, this instruments has been frequently used, by corporations, companies to settle pressing issues, arising from its perennial interactions with various statutory and governmental authorities while seeking clearances on matters of licenses, mandatory compliances or anomalies in execution of governmental orders or directions . The High Courts in every province is the highest judicial Authority in the state and as the relief sought comes from the same institution a lot of time and effort is saved in the process. This method of dispute resolution becomes most handy and perhaps the only effective remedy where time may be a deciding factor in the well being of any institution.
We at E.M.J. & Associates with our dedicated team of lawyers specialize in tapping the means to put this instrument of writ to its most effective use and ensure that the corporations and individuals can best benefit from the wide ambit of its powers. The experienced gained by our team in the area of corporate litigation and civil litigation allows us to leverage our understanding of interaction between companies and governmental bodies to its logical outcome in finding solutions using this instrument.
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