Resuming the post after expiry of leave
Devnandan Sharma
(Querist) 18 January 2012
This query is : Resolved
I was graned an extraordinary leave with lien for 6 years to join a forein post. During the leave a criminal case was instituted against me which is pending. After expiry of leave, I reported to my employer on duty on 8.8.2008. After 16 months, I received a leter from my employer stating that my joining was accepted w.e.f. 8.8.2008. In the next paragraph of the said letter it was stated that I have been suspended w.e.f. 8.8.2008, the date of my joining.
The questions are:
1. My joining was accepted w.e.f. 8.8.2008. Does it necessarily mean that the employer has accepted me on duty?
2. Whether "acceptance of joining the post" and "acceptnce of joining duties" are not one and the same in law?
3. Can "acceptance of joining the post" have any meaning without allowing the employee to resume duty in reality even for a second.
4. The order of suspension was passed on 4.12.2009 and the suspension was made effective from 8.8.2008. Is it proper?
5. Whether I should be treated on duty from 8.8.2008 to 3.12.2009?
Raj Kumar Makkad
(Expert) 18 January 2012
1. Yes.
2. Yes.
3. If employer is satisfied with your presence and joining on that day why are you interested to actually perform the work on that day?
4. No. This is not proper. This is an illegal order.
5. Yes but for that purpose you shall have to serve a notice to your employer and then shall have to file either a civil suit or a writ petition and shall have to get the order amended.
