Achu
22 June 2017 at 23:50
I have applied an application(submitted biodata and xerox copy of qualification certificates directly to Med. Suptd.) to the post of staff nurse in contract basis at NIMHANS Bangalore. There was no notification for the post or in official website. I heard this vacancy from NIMHANS staff only. Now while enquiry from H.R Dept. they told they were already selected 10-12 candidates. There were no open exam or interview and selected candidates are known to nimhans employees or relatives only. I just want to know this kind of recruitment valid in a central govt. Autonomous insinstitution? They were not published selection list, offer letter directly handed over to candidates. How to get stay order for this recruitment and make the recruitment through proper way
Qasim
22 June 2017 at 01:43
Whether person promoted( Departmental promotee) on acting charge basis can challenge seniority list in which regular appointee( Direct Recruitee) were shown senior to him? Department is justified to enter his name in list of regular incumbents of grade or carder despite of fact that he is promoted on acting charge basis and not regularly promoted.
jacquiline
19 June 2017 at 21:22
Summary of Facts
1. At the outset I, Makesh wish to express my extreme dismay regarding the treatment which is being meted out to me by my employer Vita Limited regarding breach of terms and conditions of our contract entered on 28th May 2017 as provided under section 6 of the said contract attached hereto as Annex 1.
2. On 30th January 2017 which was the agreed regular wage monthly pay date as per the new revised wage Vita policy dated? attached hereto as Annex 2, my monthly payment was not credited into my account and no further satisfactory explanation was given to me as to why I was the only standing out employee whose salary was not credited into account.I have hereto attached as Annex 3 a Bank statement showing gaps in payment of my salary.
3. On the morning of 31st Saturday 2017. I contacted the HR, Finance dept, Head of Business Department and Director regarding non payment of my monthly wage on the agreed wage payment date. Unfortunately, there was no response from my employer Vita as to my humble inquiry or explanation.
4. On 1st February, 2017 I further delivered a formal letter to my employer Vita requesting clarification and inquiry as to why my salary was not paid while other employees salary were credited into their account with pending no response or explanation from my employer Vita.
5. On 30th May, 2017, the same scenario occasioned itself and my salary was not credited into my account while other employees salary was credited on time and surprisingly on the same date my personal Vita mobile banking account was also blocked by my Head of Department without any further explanation as to the cause of action.
6. On 1st June 2017 I wrote an inquiry formal letter to my employer Vita regarding non payment of my monthly wage while other employees wage was credited into their accounts on timely manner as attached hereto as Annex 4 with no response from my employer.
7. On 3rd June 2017 the same monthly wage was credited into my account but not through the Vita Headquaters Account which is the normal transferee of funds to employees account but through Vita Branch] account. Attached hereto Annex 5. It is with no doubt that my employers action raises a question of doubt as why no notice or clarification were given in respect of default of my monthly payment. The said conduct has been a witnessed repeatedly routine of my employer regarding non payment of wage without any notice or explanation as to non payment or delay of such.
8. As an employee, I have the right to be paid my full wages as agreed in my contract of employment with Vita Limited dated 28th August 2016. I also have the right to be paid at the time given in which is on the 30th day of the consecutive month as per the change of company policy regarding payment of salary annexed hereto.
Basis of Claim
Based upon the evidence attached hereto, I assert that my employer Vita Limited has failed to provide reasonable and satisfactory explanation as to the non payment of my wage. I therefore base my claim on breach of contract.
Amount of Claim
I hereby claim the sum of six months wage as penalty for loss I incurred due to non payment of my wage (see enclosed invoice). Additional expenses which I have suffered or lost out due to the non payment of my wage on time.
Accordingly, I claim a total of Indian rupees 2 lakhs together with interest as permitted under at the rate provided by the recognized law of India per annum until final decision.
Next Steps
Vita Limited is expected to acknowledge this letter of claim within 14 days of the date of this letter and either pay the debt in full or provide a detailed letter of response within 28 days.
I am prepared to consider mediation and other forms of dispute resolution procedures prior to issuing Court proceedings to avoid uncalled for costly, time consuming and even embarrassing litigation.
Yours faithfully
MANIK LAL GUPTA
18 June 2017 at 13:16
Sir,
I want to detail a chronological history, please read and give suggestion for solution:
1. I attended an Interview for the post of Scientist-B of a department under Govt. of India on 27th April, 2010.
2. I was placed at Reserve panel as no. 1.
3. I challenged the selection of selected candidate, who joined the same post on 03rd June, 2013 (since he was not having essential qualification).
4. Hon'ble CAT, Jabalpur directed to issue an appointment order in favour of applicant with all the consequential benefits.
5. Selected candidate challenged the order passed by Hon'ble CAT, Jabalpur.
6. Hon'ble High Court of M.P.passed an order that "Going by settled law no fault can be found with the view taken by tribunal".
7. Selected candidate approached Hon'ble Supreme Court of India.
8. Hon'ble Supreme Court of India passed an order that "We are inclined to entertain the SLP, which is accordingly dismissed"
9. I requested to Secretary to implement the judgement of Hon'ble CAT, Jabalpur.
10. I got an appointment on the post of Scientist-B w.e.f. 23rd August, 2016.
11. I requested Under Secretary to implement the complete judgement i.e. with all the consequential benefits.
12. Under Secretary refused.
13. I requested to Secretary to issue an appointment order with retrospective effect along with Salary arrears, seniority and other related benefits.
14. Received letter from Under Secretary for Refusal.
15. I requested to Secretary to refer the matter to Department of Personnel & Training and Department of Legal Affairs (Ministry of Law) for proper legal interpretation to implement the complete judgement.
16. Received letter from Under Secretary with a stipulation that request of Sh. M. L. Gupta stands rejected.
At this stage, I want to know what shall I do and whether I did any wrong thing.
Please suggest positive way, which should be followed in this regard.
Niranjan Kumar
18 June 2017 at 10:41
Hello sir, I am Niranjan Kumar from Patna. I am a central employee as technician in Indian railway In Chennai .My marriage become 4 years ago. I have 3 years old son. My wife do not want to live with me or my parents. Always quarrelling with me. She is living with her parents. Now she wants divorce & also me. During divorce any affection on my service.
akumar
17 June 2017 at 17:57
Dear Expers,
I am working in a private company. sometimes our owner ask me to sign some witness papers ( alongwith sign of our Director).
As a employee of comapany, i cant refuse to sign papers. can you please advise whethter i should sign those paper.
1) What is legal boundness of mine, after sign these witness papers.
2) What is difference between guarnatee and surity for these papers.
I am so worried, please suggest
Rgds,
Amit Kumar
Dr Naval Garg
17 June 2017 at 09:33
As per DoPT- Promotion is a form of recruitment. As per MoHRD - unapproved and unaffiliated diploma by professional institutes are not applicable for recruitment in central govt employees.
But PSGIC has made diploma awarded by Insurance Institute of India (III) mandatory for promotion. The diploma of III is not approved by UGC, AICTC, MHRD or MoF. As per DFS, rules framed by MHRD is not applicable for PSU and their board are independent to make any rule regarding recruitment.
Pls tell me ..can an unaffiliated and unapproved diploma be made mandatory for promotion in PSUs.
Santhosh kumar
16 June 2017 at 09:11
Can Practicing Advocate eligible to obtain Digital Seva (common service centre) Licence. If does so it affect his eligible for Judicial magistrate exam.
Deendayal
15 June 2017 at 00:50
Namaskar,meri wife ka third grade teacher me probation period 6 may ko pura ho gaya hai,Rajasthan government, lekin payment pura nahi Milne laga hai,,uska junior accountant ki post Rajasthan me selection ho gaya hai,,jald hi joining hogi,,ab use payprotect rule ka benefit lene ke liye kya karna hoga
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Categorisation of Dies non
I held a Grade B gazzetted post at Ministry of MSME, GOI from 27/07/2016 to 19/06/2017. During this period I availed two spells of leaves. In the first spell from 01/08/2017 to 16/11/2016 i.e. 108 days after adjusting for 13 days of EL 8 days of Half pay leaves, my office classified the remaining 87 days of my absence as extraordinary leaves for which only HRA was paid to me.
After this I joined my office on a regular basis and took the second spell of leaves from 16/01/2017 to 27/04/2017 (i.e. 102 days). This time
my office adjusted 4 days as EL and 3 days as HPL. The remaining 95 days were classified as Dies non. I joined the office on 28/04/2017 and finally resigned on 19/06/2017 after serving 30 days notice period as was mandated for officers on probation in the Offer letter for this job.
I wish to ask whether the treatment of leaves during second term of leaves is justified. My office said that since CSS rules permit only three months of EOL on one occasion and that my leaves for second term exceed three months so the entire period of 95 days will be treated as Dies non. Further they say that this term can' t be birfucated into 90 days of EOL and 5 days of dies non since as per them there are no such written instruction permitting birfucation of leaves. Is it the correct interpretation ?
Moreover, I wish to ask that what would be the impact of Dies non Vis a vis EOL in terms of HRA payment and my service record ?