Cancellation of 'Offer of Appointment' after acceptance.
Guest
(Querist) 04 December 2015
This query is : Resolved
With regards, I was working in Food Corporation of India as AG-III. Further, I got an 'Offer of Appointment' from Comptroller and Auditor General of India for the post of Junior Hindi Translator. Hence, I resigned from FCI on 22.11.2015 after serving 03 months notice period. In addition, I had tendered my 'technical resignation with lien' through proper channel but they didn't allow me the same. So, I gave them undertaking to withdraw technical resignation and submitted a plain resignation instead.
After being relieved of my duties on 28.11.2015 from Punjab, I reported to CAG, Nagpur on 30.11.2015.
BUT NOW THEY ARE DENYING ME APPOINTMENT ORDER CITING REASONS THAT MY QUALIFICATION IS NOT SUFFICIENT FOR THE POST OF TRANSLATOR.
I lost my previous job due to their ignorance. What are the chances for me to return to my previous organization? What are the chances to get relief from court of law if I sue CAG as I resigned only after due verification and obtaining offer of appointment?
They are also differentiating between 'Offer of Appointment' and 'Appointment letter'. As per them they have the authority to cancel it although I have submitted all the documents in support of my eligibility.
I am married and my parents are dependent on me.
What should I do in this case?
Thanking you.
Kumar Doab
(Expert) 04 December 2015
Offer of appointment is issued to eligible candidates after due process of checking the eligibility.
Hope the offer of appointment contained date of joining as well or it might have been conveyed separately. Since the date was conveyed that is why you reported to join duty.
Was it conveyed in writing that before joining/at the time of joining........... you need to bring acceptance of resignation/relieving letter?
Appointment letter is issued after accepting offer and upon joining/after submitting joining report.
Has anyone conveyed that you can not be allowed to join, due to................?
Evidently someone is delinquent, but now everyone is wary of giving anything in writing.
In other thread at forum you have posted that ............."Still they have not given in writing. They are working on it presently they have conveyed it verbally to me"
http://www.lawyersclubindia.com/forum/plzzzz-help-life-issue-130197.asp#.VmE3Nl5-jMo
Have you submitted anything in writing to CAG so far?
This is a serious matter and experts are requested to not to treat it a repeated query......................and moderate the thread.
Guest
(Querist) 04 December 2015
Thank u Sir.Previous was in forum and this is in Experts. My next query will be after getting it in writing. Please reply to that query. I will be highly obliged.
Guest
(Expert) 04 December 2015
There are certain loopholes in your chain of events.
Number1: When you join any public department you got to get relieving letter or NOC from previous employer if Government department or Public owned undertaking.
Number2: Offer letter is not appointment letter.
Number3: After issuing offer letter they cant find faults if no such condition is described in letter like subject to verification of documents, medical checkup.
It is stupid to say you are not qualified after issuing offer letter.
Number 4: If you resigned and reported to join without breaching any details in offer letter including last date to join , CAG is definitely responsible for all this
5. You can sue them for damages and getting order form court for making you join
6. You can anyway approach the previous organisation and seek to rejoin due to problems and if your record is good and CEO or Boss is having some powers he/she can do this on compassionate ground.
7. Unless you give more details regarding your qualifications, qualifications prescribed in job offered to you, events list as to what happened when between publication of Job and your offer letter
specific advise cant be given in your particular case.
8. Best thing would be to write and approach top authority in CAG with your issues
Rajendra K Goyal
(Expert) 05 December 2015
If you have been conveyed in written, approach higher authorities.
The issue may take time.
Kumar Doab
(Expert) 05 December 2015
Did you report for joining in local office in writing under proper acknowledgment?
If ;NO then what is the evidence with you that you have reported?
Did you submit in writing under proper acknowledgment that on dated............and dated............you reported to Mr/Ms.............for joining but you were not allowed to join?
Defend your interest and build favorable written record, under proper acknowledgment, for future use and reference, in appropriate forum at appropriate time.
Guest
(Expert) 05 December 2015
Kumar Doab has very valid points. Querist may send to undersigned scan of all documents including joining report, offer letter and discharge letter from previous employer if he wants proper gidance
Guest
(Querist) 06 December 2015
Complete details as asked by respected experts are as follows:-
1. As per the offer of appointment, the last date to report was 27.11.2015. I could not be relieved from FCI until 28.11.2015 though I had resigned on 22.11.2015, I asked CAG for extension of joining up to 04.12.2015 which was allowed. Hence, I reported on 30.11.2015 at AG, Nagpur on the very next working day of my relieving from FCI.
2. As mentioned earlier, the last date of joining was conveyed by AG as 27.11.2015 and it was categorically mentioned to obtain proper relief and No objection certificate from your current employer. Accordingly, I tendered my technical resignation as FCI but I was allowed plain resignation with proper relief only. I also obtained the medical fitness certificate which was submitted at FCI when I joined it so that the same could be submitted to AG, Nagpur as they had demanded it too.
3. Since the AG, Nagpur didn’t allow me to join, I sent an email on 01.12.2015 to CAG, Delhi and AG, Nagpur mentioning that I have provided all the requisite documents at AG, Nagpur and therefore submitted my joining as on 30.11.2015.
4. I could not get any response yet from them until 02.12.2015. So, I submitted a written resignation at AG, Nagpur mentioning my entire grievances and issue me orders for further course of action. I got it acknowledged through Diary/Dispatch Section.
5. I was told that your representation is under process and you will be given your personal copy by hand on 04.12.2015.
6. Whereas, on evening of 04.12.2015 they told me that they have been instructed to convey verbally to me that you will get your reply after being received from CAG, H.O.
7. Eligibility Qualification according to the Advertisement released by Staff Selection Commission for the post of Junior Hindi Translator:-
8. III. EducationalQualifications:
A. For Junior Hindi Translators (in Subordinate Offices):
(i) Masters Degree of a recognized University or equivalent in English/ Hindi with Hindi/ English as a compulsory or elective subject at degree level
or
(ii) Bachelor’s Degree of a recognized University or equivalent with Hindi and English as main subjects (which includes the term compulsory and elective).
Note:
(i) Those candidates who have passed B.A (Hons) in English/Hindi with Hindi/English as subsidiary/(Modern Indian Language) MIL subject are eligible for the post of Junior HindiTranslators
(ii) Candidate must ensure that they have studied English and Hindi as main subjects and not as a paper in all three years of BA Pass course.
I possess the required qualification as mentioned in Note 1.
I have few questions regarding the above issue:-
(I) As per CAG, they have their own set of Model Recruitment Rules according to which I am not eligible for the said post. So, is it possible that they can challenge Staff Selection Commission as it is also a government body authorized for recruiting candidates for Central Government Departments?
(II) Suppose, even if I am not eligible as per SSC, why didn’t they reject me at the time of recruitment process? Also, CAG should have observed it before issuing me an “Offer of Appointment”?
(III) Under which provision can I be taken back in FCI if I don’t get an appointment order from CAG?
I have been marking my presence only at Visitor Register entry at the main gate of building. What should I do to safeguard my interests? I haven’t got anything in writing yet.
Guest
(Querist) 06 December 2015
Respected Dr Rajendra Prasad K Gupta, where to send all details as mentioned in your reply?
Kumar Doab
(Expert) 06 December 2015
You have posted that:
>>> "4. I could not get any response yet from them until 02.12.2015. So, I submitted a written resignation at AG,"
Either there is some oversight and typo error or some confusion.
Have you resigned?
>>> "5. I was told that your representation is under process and you will be given your personal copy by hand on 04.12.2015.
6. Whereas, on evening of 04.12.2015 they told me that they have been instructed to convey verbally to me that you will get your reply after being received from CAG, H.O."
Did you narrate it too, in subsequent representation?
>>> "I possess the required qualification as mentioned in Note 1."
Thus you should be eligible.
>>> "(I) As per CAG, they have their own set of Model Recruitment Rules according to which I am not eligible for the said post. "
Was it stated in the job advt?
The CAG is to convey its requirement to SSC if CAG has leaned on SSC for recruitment.
Why and how you are being entangled for any disconnect if any between CAG and SSC?
Do you think that you should avail the entire set of documents that is shared by CAG with SSC?
Your counsel may opine that you may plead to deciding authority to provide authenticated copy of each and every document alongwith its decision.................and to minute the verbal communications exchanged with you......................so that you have a valid point and demand to circle the deciding authority.
In any case this is material evidence and would land up before deciding authority in CAG and in court of law, if the matter is placed before court of law.It should become case document.
Concealing any materiel evidence,case document amounts to fraud with court.
>>> ""(I) As per CAG, they have their own set of Model Recruitment Rules according to which I am not eligible for the said post. "
To save their own skin and to avoid any precedence setting in the deciding authorities may take shelter in it and deny appointment.....................and dump you in courts to bring an order to compensate/appoint.
>>> "(II) Suppose, even if I am not eligible as per SSC, why didn’t they reject me at the time of recruitment process? Also, CAG should have observed it before issuing me an “Offer of Appointment”?"
"2. As mentioned earlier, the last date of joining was conveyed by AG as 27.11.2015 and it was categorically mentioned to obtain proper relief and No objection certificate from your current employer."
Relate both and you can make out that you were made to loose employment/source of livelihood, before you started journey to report for joining.
>>> "Accordingly, I tendered my technical resignation as FCI but I was allowed plain resignation with proper relief only. I also obtained the medical fitness certificate which was submitted at FCI when I joined it so that the same could be submitted to AG, Nagpur as they had demanded it too."
This event has to be looked into once again and minutely so as to claim that you were made to loose on technical resignation and its consequences.
>>> "(III) Under which provision can I be taken back in FCI if I don’t get an appointment order from CAG? "
The court of law has unparalleled and unequaled powers to undo the damage.
>>> "I have been marking my presence only at Visitor Register entry at the main gate of building. What should I do to safeguard my interests? I haven’t got anything in writing yet."
Registers and files are known to have been lost.
Obtain certified copies even if thru RTI.
You never know what and which documented evidence comes to rescue.
Otherwise if you have narrated that you were tole verbally to wait for next order then that may also be of some use.
I fell happy to note from your last post that you have done some home work and it is required.
Now you may contract an able and senior counsel specializing in such/labor/service matters and proceed further under expert advise of your counsel.
You can approach counsels par excellence at Nagpur.
Guest
(Querist) 06 December 2015
With regards,It is typing mistake...its representation.
Guest
(Querist) 07 December 2015
Thank you for your precious advice Sir.
Guest
(Querist) 08 December 2015
Respected Sir, the Gazette of India 2000 (as shown by officials to me) has mentioned Recruitment Rules and authorised the CAG to recruit JUNIOR HINDI TRANSLATOR as per these rules. But SSC has relaxed the eligibility and also included candidates with different qualification other than those written in the Gazette. Please clarify whether we the candidates are bound by the rules of the Gazette or the advertisement released by SSC.
Thanking you.
Guest
(Querist) 13 December 2015
Kindly reply to the above query plzzzz...
Guest
(Querist) 13 December 2015
Kindly reply to the above query plzzzz...
