service - reg
A.P.Rajagopal
(Querist) 28 December 2010
This query is : Resolved
hiiiiii advocates ,
HAPPY NEW YEAR TO ALL OF YOU
ONE OF MY CLIENT WHO WAS WORKING AS A OFFICER IN A GOVERNMENT DEPARTMENT HAS BEEN TERMINATED FROM JOB FOR BEING CONVICTED BY A SESSIONS COURT IN A CRIMINAL CASE. HE GOT ACQUITTED IN APPEAL WITH HIGH COURT UNDER ORDERS DIRECTING THE GOVT TO REINSTATE N PAY THE ARREARS N PROMOTIONS IF DUE FROM THE DATE OF TERMINATION.NO TIME LIMIT SPECIFIED TO REINSTATE.ITS BY NOW MORE THAN 5 YEARS AND HE HAS NOT PRESENTED HIS ACQUITTAL ORDER AND JOINED THE DUTY. SERVICE RULE ALSO DIDNT SPECIFY ANY TIME LIMIT.NORMALLY IS THERE ANY TIME LIMIT TO JOIN DUTY AFTER TERMINATION ? IN THIS CASE WHAT WOULD BE THE GOVT'S ACTION IF HE JOINS AS PER HIS WHIMS AND FANCIES. WILL HE GET THE WHOLE ARREAR SALARY TILL HIS JOINING DATE . IS IT SAFE TO TAKE SUCH A LONG TIME ?
TKS N RGS
APR
R.Ramachandran
(Expert) 29 December 2010
Dear Mr. Rajagopal,
An ordinary prudent man would join the duty immediately afterreceipt of the Court order. But in the case of your client, you say that he did not join for as long as 5 years after the court order! Surely your client can try to go and join the duty on the basis of the court order. Normally the government authorities would not be able to react on the same day. In any case, they may try to say that he cannot join. Then thereafter another legal battle has to be waged. TAKING SUCH A LONG TIME TO JOIN DUTY IS NOT AT ALL SAFE, UNLESS HE HAS ANY OTHER SOUND REASON/GROUND FOR NOT JOINING DUTY. DEFINITELY YOUR CLIENT CANNOT ASPIRE FOR ANY SALARY TO BE PAID DURING THE PERIOD WHEN HE DID NOT JOIN DUTY AND DID NOT DO ANY WORK.
H.M.Patnaik
(Expert) 29 December 2010
I agree with the views expressed by experts.Under no circumstances, your client can ask for wages for the period from date of judgement till the date of submitting joining Report in the relevant establishment.
