Member (Account Deleted)
07 August 2014 at 19:22
This is in continuation to my previous query on the same subject.The Principal of my Institute today handed me over a letter stating that my application cannot be forwarded through proper channel for outside post on the account of public interest as there is shortage of teaching staff in the Institute.The head office however had left it to the principal to take an appropriate decision at his level.My concern is that our Institute /college is an autonOmous Institute/PSU .There has been no recruitment done in the past three years.I am a regular employee of this Institute.The Institute has also accepted a resignation before (of same designation on which Im working) and forwarded applications of staff through proper channel.But this time he is not forwarding citing public interest as a rule.I have a very bad family condition for which I have written to him .My motive for applying to this outside post is that its close to my native place.Now our state doesnot have a Adminstrative tribunal.
Kindly guide me on what needs to be done if my application is not forwarded.
Can I appear in the interview for the post on the basis of advance copy of my application.
If I clear any Higher level exam like UPSC etc can the Principal still cite public interest as a reason and retain my NOC/candidature
What is the meaning of public interest.
Can an autonomous Institute who charges a lot of fees from students and registered under Societies registration act and a fictitous identity hold my application on these basis (shortage of staff)be termed as public interest.
There has been no efforts done to recruit staff for running the Institute effectively.
Kindly guide me on the same
Amit Meena
07 August 2014 at 15:25
Hi Sir,
I am working as QA with Qual-touch BPO and I had changed the depatment so my payroll was also changed from Qual-touch to some other payroll however working in same company under different reporting manager
The salay gets credited on every 1st of month and we send our attendance from 15th to 16th of every month. During movement my last working day was 12th July and I had sent my attendance of 28 days. I was in an impression that salary of 28 days will be credited but only 4200 Rs were credited out of my total inhand salary which is 10500
Please suggest, i spoke to my ex reporting manager and HR but they are not entertaining my issue.
Dhiraj Negi
07 August 2014 at 13:26
Hi All,
I am writing this query on behalf of my wife, who joined one of the private school in Noida, U.P and submitted her original academic documents in the school at the time of joining, school asked for that. She worked there for 3 months and gradually found in a situation where her supervisor and principal started harassing her mentally and she become a point of target. And because of such situation she is suffering from mental stress and depression, taking medication for the same.
On the health ground she gave the resignation in middle of the month since doctor advice her to take complete bed rest. When we went to school to get her original mark-sheets school denied to hand over that to us and again mental torcher started from there side. They are asking either for 1 month notice period or month salary because in appointment letter it is mentioned that candidate who resign before 6 months need to provide 1 month notice period or 1 month salary. However, this is an exception case where my wife reigned on medical grounds, for which nothing is mentioned in the appointment letter. She is not able to serve the notice period because of health issues and actually she is in depression because the principal.
Please advise what action we can take against the school for the mental harassment we been through and what legal action we need to take to get our possession (mark-sheets)back from the school. And also advise if we an claim any compensation from school for such harassment? And can I take any legal action against principle?
Please advise
C Mohan
07 August 2014 at 12:53
Sir,
I was appointed in an Government Autonomous Body on temporary basis on temporary post but for 13 years continuously without any single day break and without any extension clause.
I just want to know whether me, being workman can be considered as regular employee as per Industrial Disputes Act 1947 on the basis of following facts : -
(i) I have contineously worked on regular pay scale with all facilities connected with running pay scale like DA, HRA, CPF, implementation of 5th & 6th pay commission report on running pay scale without single day break, without any extension clause.
(ii) In the official papers while processing to employment exchange, the post was shown as temporary and appointment was shown on temporary basis.
(iii) can I fight for grant of ACP on the plea that I was continuously worked on regular basis for 13 years on the post without single day break.
(iv) Can I be considered as regular employee in terms of Industrial Disputes ACt 1947.
Kindly help
ganesh kumar
07 August 2014 at 11:19
Termination of Assistant Manager Grade-I of ICICI bank can be challenged under ID Act or not, Kindly advice.
P K Sharma
07 August 2014 at 09:42
Kind attention is drawn to Rule 3.1 as shown hereunder of Office Memorandum No.22011/4 /91-Estt.(A) of 14th Sept., 1992 of Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training-
“3.1 If any penalty is imposed on the Government servant as a result of the disciplinary proceedings or if he is found guilty in the criminal prosecution against him, the findings of the sealed cover/covers shall not be acted upon. His case for promotion may be considered by the next DPC in the normal course and having regard to the penalty imposed on him.”
I was awarded a penalty of Censure. However in compliance to Para 3.1 of above Office Memorandum the sealed cover was not opened despite the fact that there are so many instances where an employee having awarded penalty of Censure prior to DPC have been promoted.
The rule is not only discriminatory but also contradictory which can be proved by the following example.
Two employees who were under the zone of consideration for promotion on 01.01.14 were served with chargesheets on 20.12.13 to reply in defence within 15(Fifteen) days. One of the employee submitted his replies on 25.12.13 & the Disciplinary authority awarded him a penalty of Censure before 01.01.14. DPC considered him to be promoted to next higher grade since Censure does not have any currency period. The other employee submits his reply on 02.01.14 & was also censured by the Disciplinary authority. However his candidature which will be in sealed cover will not be acted upon. Will there will not be injustice in later case?
Will the former will enjoy Promotion benefit whereas the candidature of the later will continue to remain in sealed cover?
The example cited above clearly proves that the rule itself is discriminatory and violates article 20 of the constitution of India since a double penalty i.e. (i) Minor penalty of censure and (ii) withholding of promotion is imposed to one of the candidate and also violates article 14 and 16 of the constitution of India since quantum of punishment is different for same type of penalty.
May kindly apprise that I have to proceed court of law for justice.
SURAJIT
06 August 2014 at 18:45
One of my friend was working in a MNC as communication assistant in corporate communication department on contract basis under ranstard. he has worked for more than 8 years now he has been given notice to leave the job. kindly advise can he claim for permanent post ? legal help from labour law side.
shivani rai
06 August 2014 at 12:04
I m working in an autonomous body delhi under 2 yr probation period provided that i will not be permitted to apply for outside employment during probation period. During the probation period i applied for central govt job and NOW i m selected . I have completed my probation period but confirmation is still waited. I have not intimated about this in both the organization. Shall i opt this new opportunity or leave it.
shivani rai
06 August 2014 at 10:40
I m working as a LDC Grad Pay 1900 in an autonomous body under MHRD , delhi since March 12, 2012 under a 02 yr. of probation period provided i will not be permitted to apply for outside employment during the probation period. In March 2013 i applied for junior clerk GP 2400 in rajya sabha secretariat. Now i m selected for the said post. In both the organization i hadn't mentioned my work details. I would like to know in this condition should i go for new job or not.
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Definition of regular service.
Sir,
I am thankful to Mr. Dhingra for his reply to my yesterday's query. In his reponse Mr. Dhingra has very kindly stated that
"Your appointment letter is supposed to contain the answer of your query, as normally after completion of probation period the employee is treated as regular".
But Sir in my appointment letter the probation period was not mentioned and even there was no restricting clause or time frame. In other words my appointment was not on extension basis. In fact I have worked for 13 years continuously without any single day break, but the probation period was also not mentioned.
Submitted for Shri Dhingra's valuable suggestions.
With regards,