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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Chandrakant Nimje   01 August 2012 at 20:36

Deputation / absorption of any employee

One of the deputationist of Group A officer changed the recruitment rules for himself and manage to the ministry staff and UPSC members for recruitment.

Further, after changing recruitment rules Second Advertisement was circulated on 27-06-2011 by the Ministry, such official who was already on deputation applied for the same post as absorption basis because first advertisement was deputation basis. That Official application was forwarded by the Maharashtra Government on 24-10-2012.

As per Maharashtra State civil service rule maximum deputation period on foreign service is four years only. After ending of such tenure of deputation Cheif Minister's permission is necessary to further extention of deputation.

That official is repatriated on 25-01-2012 as per Maharashtra state office order dated 19-01-2012 because not allowed such official to further extention of deputation period by the Maharashtra Government as per their Civil Services rules.

After repatriation of such official interview was called by the Ministry, New Delhi on 30-01-2012 for absorption of post, but after repatriation of any official cooling off period is manadatory for Central Government Employee and vice versa.

Meanwhile such official wilfully taken leave on 24-01-2012 for interview and reptriated on 25-01-2012 and joined his parent office on 01-02-2012.

Moreover, after interview of such official ministry has been considered him for absorption. Not followed the DoPT order of cooling off period and Mantralaya also considered his case after six months to join first deputation beyond the fourth year on 30-07-2012 and not followed the civil rules to the absorption of first deputation post.

Such case is coming under corruption because any officer relaxed rules to benefit of others.

Whether such case is fit for vigilance case and writ petition of quo waranto. Kindly provide the valuable guidance.

Saravana Kumar T   01 August 2012 at 16:57

Relocation (transfer) allowances issue*

Dear Seniors,

Greetings.,

Actualy I was transfered from One Location (A) to Another Location (B); the distance is 1200 km between the Locations.
Since My Native Location (C) is not 'A'. So during the shifting my Households One part has been shifted to My Native Location (C) and aonther has been sent to B location. Then bill claimed less than maximum eligibility of my level. For ex. if eligilibility is Rs.25000, it was claimed Rs.24900/- with bill)

As per HR policy of my company '' The Family Relocation Allowance shall include travel to the Transferred Location with the Family, Cost of Temporary Accommodation, Shifting Allowances and [U]Any other expense in Connection with the Transfer.[/U].

Then we're calculating the Max.allowances in Kilo meter based, of a transfered employee from nearest railway station of A location to nearest railway station of B location.


Is it right?

Please clear my doubts. (Note: I'm working in Private company)

Thanks,
James

PBS KUMAR   01 August 2012 at 16:02

Termination

Dear Experts,

One of an employee is transfer from the present place to other place with some extra benifits. But the employee while the dedline of the date is comming then he submitted a letter that "I am taking some medical treatment so I am unable to go to the transfered place". Then management wants to issue a "Termination" letter is it fair or not. As per the appointment letter he as to work any place of the firms situated.
URGENTLY give your openion.
Regards,
PBS KUMAR

mahaboob basha   01 August 2012 at 15:12

Compassionate appointment

my father was worked as park worker in yemmiganur municipality in kurnool (dist).He was expired on 31-01-2011 while in service.I submitted all necessary documents for compassionate ground for post of junior assistant as my educational qualification(M.B.A).It is informed that there is no junior assistant post are vacant in direct recruitment quoata under BC E or o.c catogary,In this connection i submitted self declaration affidavit,which i will wait till the reasonable time for the post of junior assistant to regional director cum appllate commissioner.they said o.k.but commissioner of yemmiganur municipalty is without asking me given me send me order copy for post of ATTENDER which is i not received by me.THEY TOLD ME IF YOU NOT TAKEN THAT ATTENDER POST WITHIN 30 DAYS YOU WILL NOT GET JOB.THEY SAID THERE IS NO PROVISIONS ARE PRESENT FOR WAITING FOR RHE POST OF JR ASSIST.HEREBY I request you sir IS THERE ANY CHANCE FOR WAITING FOR THE POST OF JR ASSISATANT AS I AM QUALIFIED THAT POST(M.B.A).and it is true that i should take job within 30 days of order copy which i was not received,PLESE GIVE ME THE RIGHT SOLLUTION F0R PROBLEM IMMEDIATLY SIR PLESE ,THEIR DEADLINE IS 19-08-2012,PLESE GIVE ME INFORMATION.

harish varma   01 August 2012 at 11:06

Resignation

Dear Sir,
My name is Harish Varma. I am working as Postal assistant in Post office.

I would like to resign to my job as I do not have interest to do this job and also for my career move purpose.

How can I relieve from my job as early as possible? Or at least in a week? Is there any method to relive urgently?

After submitting the resignation letter if the department has ordered to go for deputation to another place do I reject that order? If I go to the deputation, is there any delay in the resignation and to relive from my job?
Please reply me.

Abhay Kulshrestha   01 August 2012 at 08:05

One manager for two factories

Dear Sir,
Please advise, if a person can be appointed as Manager for two factories of a company under Factories Act 1948. Both the factories are adjoining in same location.

Henry Daniel   31 July 2012 at 18:15

Employees provident fund

Hi,

The company in question has voluntered to cover under the PF act, has been remitting payments to the bank from Apr 2007.

The EPF department has alloted the EPF number effective the Dec 2007.

The company has adjusted the payments made for the period from Apr 2007 to Nov 2007 in the future payables.

The Asst PF Commissioner claims that this period of amount cannot be accounted and hence they cannot refund the same or adjust the future short remittance if any. Thereby they have claimed for an amount which is equal for the period from Apr 07 to Nov 07 (This amounts were adjusted).

Please suggest

Henry

Anand Jadhav   31 July 2012 at 13:34

Pay fixation after technical resignation

Sir , I was working as Agricultural Officer , Agri Dept, govt of Goa in pay scale 9300-34800 + 4200 GP, i applied for the post of Asst Conservator of Forest, Govt of Goa through proper channel and was appointed as ACF by State public Service Commission with a pecial mention of Pay protection, thereafter i technically resigned as Agril Officer and joined as ACF in May ,2012 in pay scale of 9300-34800 + 4600 GP. Kindly help me to know the provisions of rules under which my pay fixation can be done as my basic pay as Agril officer was 14630 + 4200 GP and now i am in 4600 GP. My accounts secretariat has not given me my due increment for july 2012 . and i have been fixed on 14630 + 4600 pay itself . kindly advise me in this matter .what will be may pay fixation , am i not entitled for increment in july, 2012, what are rules under which fixation can be done under such circumstances.?

UPENDRA KUMAR   30 July 2012 at 17:03

Regularization of service

WHAT IS THE MAIN BENIFITS OF TECHNICAL RESIGNATION?

Sanjeev   30 July 2012 at 08:51

Harrassment due to malafied intension

Hi,

A lady is harassed by her officer due to malafied intention.


1) Lady , Steno IF & CC, applied for post of steno with office of State Transport Controller Haryana as per Memo No- 924-74 dated 13-1-10.

2) Transfer case was approved by Director in Feb. 2010 with approval of sending summary of ACR .


3) Violating the orders of Director to send summary of ACR record, officer sent a letter to other office due to malafied intension to hurdle transfer case, this action of officer is arbitrary as letter was sent due to malafied intension of officer. This letter was sent without approval from director & is not as per procedure adopted in case of earlier steno.

4) In response to this letter decision on appointment was received other office as per & IF & CC required to send ACRs against already approved case from director office with certain condition already approved by lady.


5) But due to malafied & greedy intention, officer made false & arbitrary presentation to new director & letter with following statement was sent to TC office in place of ACR record-

“ With reference to your letter No. 1248/at -5/st-III it is intimated that the concerned employee do not have very good confidential report and she has been warned verbally in the year 2008. Photo copy of the same is attached with the letter. Even otherwise, her working in the office as Steno typist leaves much to be desire in normal course office working. She also resort to various kind of approach etc.
6) But when ACR were get through RTI, it was seen that more than 80% ACR of lady are good or very good & average ACR for 2008 & 2009 were never conveyed till Feb 2011.

7) It is accepted by R.O. during inquiry that more than 80% ACRs of lady are either good or very good so he could not sent such letter, but letter sent by R.O. is enclosed here with it, denying from his misdeed of making false presentation is the proof of his malafied intension.

8) Two average ACRs for year 2008 & 2009 were never conveyed to lady till Feb 2010. Even for year 2009 there are two ACRs for lady, one with excellent from office of FC & other with average remarks from R.O.

9) Non Convey of average ACR, two ACRs generated for one year & many other evidence are available to prove that these ACRs are generated after Feb. 2010 just to black mail lady in favor of her transfer.
10) Lady was charge sheeted by officer in counter attack by officer against complaint of misbehavior by officer. with lady Gupta on 11th April 2008.

11) This charge sheet was already dropped with verbal warning to lady on arbitrary statement of officer himself without any inquiry on charge sheet. Since charge sheet was already dropped in 2008 So should not have any effect on transfer case at this time.

12) Since verbal warning was given by new director than also officer put it on records, this is violation of order of director.

13) Are All these actions officer are detrimental treatment in employment , over threat to the carrier of lady & creating hostile work environment with humiliation of lady constituting health & safety problem for her?

14) Complaint was made to CS Haryana against malafied intension of officer.

15) CS made remarks immediate put up for action & appointed inquiry officer in Dec,2010.

16) Almost one & half year has passed but there is no decision on this case, due to efforts from officer & good relations between inqury officer & officer.


Regards
Sanjeev