Denial of joining in central govt job due to non submittal of reliving letter from a overseas company

relieving letter can be insisted upon only in case of govt employees if they take up new govt employment.

if you've resources  AND ENERGY APPROACH LABOR CPURT FOR RELIEVING LETTER TO BE ISSUED BY YOUR oVERSEAS COMPANY SO THAT YOU CAN  JOIN NEW COMPANY.iF TIME I SNOT SUFFICINET  FOR THE NEW JOB TO JOIN REQUEST THE OLD ORGANIZATION TO TAKE YOU BACK AND ACCEPT WITHDRAWING OF RESIGNATION FROM YOUR SIDE. OR SEARCH FOR A NEW JOB.

Also  explore for filing writ mandamus through HC, as the prayer is for just referring reliving order for another three months nad not directing for appointment.  This should be last alternative as no employer wishes such litigation from his own proposed employee.

Originally posted by : ANOJ ANANDAN PUSHPAVALLY
	Denial of joining in central Govt job due to non submittal of reliving letter from a overseas company I got an appointment in a central Government organization and date of joining was 11/04/2017. Prior to joining I had to undergo pre medical examination. I attended the same on 19/1/2017 and owing to some concerns during the medical checkup I had to wait for some more time to get medical clearance. I cleared the medical examination on 05/04/2017 (Medical checkups are done by Organization Medical Officer). Due to non clearance of medical I did not submit my resignation and upon medical clearance I submitted resignation to current organization (In UAE) on 10/04/2017. The notice period of current organization was three month so I requested for extension of joining time up to June 25th. However Organization granted extension up to May 20 due to automatic lapse of appointment order after three months. I reported at the organization on 18/05/2017 with provisional reliving letter and requested HR to accept the provisional reliving letter and assured that original will be submitted upon all clearance from the working organization but they refused and deny the joining. Now I don’t have job in either Organization.

You could have tried by writing and appealing to good offices of Final-Highest Authortiy in selection/ appointing authority/MD.

The HR could have sought clarification in the instant matter for some time lost in steps involved. 

Does recruitment process involve published policy/rules to resign and submit reliievng letter?

As already suggested and appreciated by you, you may show all docs, agreement signed by you, communications, evidences on record to a very able local senior counsel specializing in labor/service matters for a considered opinion.

Labor/Service matters is altogether different filed of law and at each location there are a few counsels that specialize in it and they are very well known.

Usually such matters are referred to them by any counsel worth his/her salt.

Lawyers handling civil matters usually do not meddle in Labor/Service matters.

Inquire locally for such counsels and you will have a list of all such few counsels at your location.

Chose carefully, a counsel that suits you.

Use the inputs received by you in this thread in your future endeavors.

Online discussions have its own limitations and are not substitute for considered opinion and consultation with due examination of relevant docs and inputs in person with a counsel specializing in respective field of .

There are endless numbers of threads at LCI also by unsuspecting querists that have been fleeced by posers posing as expert lawyers.

 The discussions at LCI are FREE and should not be exploited as a medium to allure unsuspecting querists to pay a FEE in the name of so called consultation……………

You have apparently not come with true facts.

While joining Govt service nobody asks for relieving letter from previous private employer.  It is not undrerstood why so in your case.  You may in your own interest present facts before the forum. 

When the employer is not a govt body you just cannot file writ mandamus as suggested by someone, such remedy is available only against govt bodies.

Pls respond to points raised by Mr. Sudhir Kumar.

It is interesting discussion.

We shall try to help as much possible with limited understanding.

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