Vijay Kumar
02 November 2010 at 23:37
A.P.P.s working on contractual basis for past 4 years are demanding to be regularized.
Whether it would be sustainable in the eyes of law?
My view is that regular posts can be filled only through advertising the open recruitment.
Am I rigjht? Kindly advice.
Anonymous
02 November 2010 at 19:50
Hi,
Currently I'm attaching to company B and I have tendered my resignation. Before I joined company B, they agreed to compensate company A for my short notice. With the agreement of company B, I used my money pay to company A before I leave. Thereafter when I joined company B, they have reimbursed the amount of money and bank to my bank account as agreed.
Today after I tender my resignation letter, HR claimed that I have a bond agreement with them for a year, where my year of service with them now only 7months. I asked them if I've signed any bond agreement, they replied the agreement has lost from my profile. Anyway, they still pursuing me to pay the money before I leave company B. If I fail to do so, they will take legal action on me. In actual, they did not provide me any agreement/contract to sign it on. Now they want to put aside on the black and white agreement. They want me to refund the money they have banked into my account. But this is what we have agreed if they want me to join company B early and I assume they should provide me a contract to sign on if they want as a return. Can they take any legal action on me if I do not pay back the money?
Sachin jadhav
02 November 2010 at 15:20
. I had join the company in Jan-4th-2010. In my Offer letter they have mention for the commitment of 2 years.
as well As per the Company Requirement I have done some Certification during this Period. In which they had mention for 2 years of commitment and if I leave the company before a 1year company will recovered the amount at pro -rate basis.
I had put my resignation on 21st Oct-2010. till date they are not accepting my Resignation and given me the mention above reason for the same.
Even though I had stated that you will recover the Certification amount as pro-rate basis in settlement.
HR has stop my Salary from this month. but they are not reliving me.
AS mention in offer letter for commitment Can company not accept my resignation.
Can I leave the company after 30days notice period as company policy ?
Anonymous
01 November 2010 at 23:22
Sirs,
In a D&A case employee was retired compulsorily on June2009, quickly appealed, but AA sat w/o any action till an OA was filed which was disposed at admission stage itself directing respondents to consider on pending appeal ground as well as grounds taken in OA,on service of order the AA posed that he didn't receive CAT'sorder and passed
order on a false back date w/o incorporating OA's order, same was done by the Rev. Authority. Again OA was filed & is admitted w/o interim order and CAT told that there is S/C order hence no order on Interim Relief, though Madras High court order ref. G.Robinson,Z.B.Nagarkar vs. UOI(Sup.court) cases were to be cited for terim relief. Now my question is whether High Court may grant Interim stay on a order already effected a year ago? Any other citation?
Anonymous
01 November 2010 at 14:07
Sir,
By now almost everyone on this forum knows that I had , as part of conscientiousness and to combat corruption, assisted the Central Vigilance Commission and Director General of Audit and Central Revenues (DGA&CR) in exposing corruption in the body whose Director I was.
The DGA&CR did a good job and found more and more issues of financial irregularity in the body. The CVC also ordered a Direct Inquiry.
But those who had all got exposed got all together . First they raked up old allegations that were old and got me suspended. I remained under suspension for four years till a conscientious Judge quashed the charges and order of suspension on the grounds of mala fides but gave one more opportunity to my tormentors to objectively examine and may serve a fresh charge sheet to me if so advised.
The persons at the helms lost no opportunity in serving 15 out of 20 allegations verbatim as had been quashed by the Hon'ble Court. And appointed a retired High Court Judge as Inquiry Officer. Since the charge sheet had been issued by a person having no statutory powers , the Judgement itself been under review, and I after making my objections before the Inquiry officer was blind folded in not receiving any communication the retired Judge after charging about Rs 10 Lakhs declared the 10 out 15 charges as proved in an ex parte Inquiry.
The Inquiry was received in the office about two years back. It was kept pending so that I cannot be considered for promotion nor selected. About a year back my comments were asked upon it. I demanded the material documents that have been kept locked and denied to me.
Finally to do away with me I was given a notice why should I not be removed from service. I replied requesting the documents and hearing. When I approached the court to stay the operation of the notice during the hearing it was told by the respondents that I had been compulsorily retired. I had to amend the Petition. Then there were holidays and the Hon'ble Judge changed and the Writ had to be withdrawn to file a fresh writ. Now again Holidays are approaching. I was deliberately retired on 20.09.2010 and could not get salary of September. October is gone. And once I file the Petition in November , if at all there will be ,if I am lucky notice, reply, rejoinder and it may go on and on.
Please advise as to whether I go for litigation ? Should I look for some new job to survive myself and my family? What would be the bast course of action?
Neither the CVC who are exhorting one and all to make complaints nor the DGA&CR can help me nor could they do as the advice of the CVC to issue censure was thrown in the dust bin. May I request you to tell me is it fair to serve the same verbatim 15 out of 20 charges as had been quashed by the Court on the grounds of mala fides.
Should I go for litigation and starve or should I look for a new job with the stigma haunting me. I do not think the Court can stay anything now. My Advocate wants money as he says there have been one writ, then amendment and there will be another writ.
No one in this country can do anything to the corrupt and the department has already spent huge amount of Public money to hound me out. CVC is at he best advisory and their advice is not binding. The Disciplinary authority though indicted by the CVC and the DGA&CR has trounced me to teach one and all a lesson even if the DA is thoroughly corrupt blindly follow his orders sign all financial papers to benefit him. Never for a moment think CVC or DGA&CR or any other anti corruption agency can help an honest person. You may be subjected to false complaints of demanding bribe to tarnish you. The retired persons can sell their souls for money.
Please advise me if at all I should go for litigation and how long will it take. Any case laws to help me.
Regards,
Roshni
Anonymous
01 November 2010 at 07:50
A dispute regarding wages was adjudicated upon by a govt official having quasi legal powers.
The company had filed a writ petition against the final order of the govt official on grounds that are prima facie specious.
At the first hearing both the Respondents were not represented by lawyers (which was adversely commented upon by the Judge) & the matter was not argued.The writ petition was, however, admitted & a stay given.
What are the Court Rules & precedents about admission of writs? Was the Judge justified in giving a stay?What, if any, action can be taken now?
I have not filed a counter although 2 mmonths have passed. Can I file one now?
Anonymous
31 October 2010 at 15:56
TN Govt employee – suspended – suspension revoked - Pending PC Act case – retires. Whether the Govt will suspend on the retirement day? Whether he is eligible for retirement benefits? Any citation please.
ami
30 October 2010 at 23:46
Dear Experts .may I request that any one may reply as to whether the following judgement is to quoted in support of the argument that thro’ the recruitment rule to be amended the existing staff can get promotion as per the unamended RR?Please help us.AMI
State of Madhya Pradesh v. Yogendra Shrivastava , (SC)2010 (1) S.C.T. 434 SUPREME COURT OF INDIA
Before :- R.V. Raveendran and B. Sudershan Reddy, JJ.
Civil Appeal No. 3156 of 2007. D/d. 07.10.2009.07.10. 2009
“It is no doubt true that Rules under Article 309 can be made so as to operate with retrospective effect. But it is well settled that rights and benefits which have already been earned or acquired under the existing rules cannot be taken away by amending the rules with retrospective effect. [See : N.C. Singhal v. Director General, Armed Forces Medical Services, 1972(4) SCC 765; K.C. Arora v. State of Haryana, 1984(3) SCC 281; and T.R. Kapoor v. State of Haryana, 1986 Supp. SCC 584. Therefore, it has to be held that while the amendment, even if it is to be considered as otherwise valid, cannot affect the rights and benefits which had accrued to the employees under the unamended rules. “
viikram
30 October 2010 at 22:48
Dear All,
I was Sales Development Manager in HDFCSLIC and I have resigned from my post on 31st of July 2010. I was appointed for Sehore M.P. branch and transferred later to Jhansi U.P. (Under MP Region). After transfer from Feb. 2010 I was facing problem with ESS (Employee self service – Online attendance and leave regularization system) that it was showing wrong BM (Immediate reporting manager), due to this I was unable to regularize my attendance. If we are on business tour and not able to mark attendance then branch manager can regularize them on our request in ESS.
I have regularly wrote to HR and other concern for information and correction in this problem from 11 April 2010. But even they didn't respond to me till my resignation.
HR have asked me force fully for my resignation and tell "You will get all residual salary of all previous months with full and final" , I have resign with demanding my residual salary and it was accepted without any comment and resistance. But I was surprised when i received my full and final of Rs. 1456.00
I did not get any salary of Feb, Mar, Apr, and some days of July 2010. Also I did not get approved Sales Force reimbursement of Rs. 4000.
Please suggest what can I do?
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extension of retainership
If we appoint Mr. X on retainership basis, what should be the retainership period, whether retainership period can be extended? If yes, for how much period and how many times? Kindly provide detailed expert advice.
Regards
R. A. Tiwari