Termination

Rupesh (Querist) 29 January 2010 This query is : Resolved
Hi,I work in Government organisation for last 7 years and achieved status of permanent employee 5 years before.
It is now after 7 years my employer says that my appointemnt is not in order and against SRO(Statutary Rules an Orders)
The advertisement through which I was appointed is wrong and the qualification mentioned in the advertisement do not exist in India
The qualification completed by me is the only qualification available in the said advertisement but short by 6 months.
What shall I do? Can they terminate my service?

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B K Raghavendra Rao (Expert) 30 January 2010

Unless you have committed any fraud while applying for the job like furnishing false information or forged qualifying certificates/documents, you cannot be terminated.

For the mistakes made by the appointing authority while advertising or selecting the staff, the employee cannot be made to suffer. Moreover, no one can be terminated without a domestic enquiry conducted against him. You will have sufficient opportunities of being heard during the enquiry. Present your case effectively on the above lines. You cannot be terminated.

Binod Kumar Mishra (Expert) 30 January 2010
Dear Rupes,

usually i give me reasoning in service matter because i am addicted in giving opinion based on my knowledge but in your case Rao sir has explained everything in details and you must act as per advice of him.

Guest (Expert) 30 January 2010
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Rupesh (Querist) 30 January 2010
Thank You Mr B K R Rao.
Sir,I feel very much relieved with your reply.
The advertisement Mention 3 years Diploma in Paint Technology
I completed 2&1/2 years Diploma in Paint Technology from University of Mumbai. This is the only diploma available in Paint Technology and is of Highest duration in India.
During my appointment I have not provided any false information and written exact duration of the said diploma in my own handwriting.
Your reply relieved my tension
Thank you once again