Will my appointment is void as per law or inforce due to enclosed file circumstances
JYOTI PARKASH BHATOA
(Querist) 26 November 2010
This query is : Resolved
Sir, Pl. find enclosed herewith attachment where by I have narrate my tale of woe ,where by competent authority construe at their end to accept my refusal to take promotion, but I am willing to take promotion please guide me accordingly what should I do. Will my promotion is still effective as per law or become void. hoping in early reply.
(Expert) 27 November 2010
Dear Mr. Jyoti, You appear to be a confused man. One time you say that you and your mother are too attached to each other that your mother cannot live without you and therefore you came back to Chandigarh without joining the place of posting. Now again you say that you want to join within a month or after availing leave etc. My reading of the whole matter is that you are not in a position to leave your home town (in spite of your ambition to be an officer). In such a circumstances my sincere Advice to you would be to get back to your clerical posting. Even for this you have to pursue with your GM HRD Mumbai and get the proper orders. The issue is more concerned about your personal family issues than the official / law issue.
You have accepted promotion on 1.10.2010 and you belong to Ludhiana Zone. Last date for reporting to Muzaffrpur Zone is 7.10.2010. You have reported to Muzaffarpur Zone on 5.10.2010. On the same day they allotted you Mirganj Branch with an advice to report on 6.10.2010 in Mirganj Branch. In the meanwhile you were rush back to your home town on some emergency. You have sent an Email on 6.10.2010 to this effect to the Muzaffarpur Zonal Office. Whether you have refused promotion in that email? Or simply sought extension for joining at Mirganj Branch till 9.11.2010? What is the correct position? As per the advice of Muzaffarpur Zonal Manager on 11.10.2010 you have sent a written request on 11.10.2010 seeking time/time to join at Mirganj Branch till 9.11.2010. Now the Zonal Manager of Muzaffarpur is informing you that your promotion is already cancelled and advising you to report to your parent branch in clerical cadre.
Mr.Bhatoa, this Bank will not listen to the pleadings of sincere employees. There is no regulatory authority to control the adamant attitude of the executives of this Bank.
Tell me one thing. You have sent an email on 6.10.2010 to the Muzaffarpur Zonal Office. Right? What are the contents? Have you sought only extension of time till 9.11.2010 or refused your promotion? If you have sought only extension of time, the Bank can not cancel your promotion. In your relieving letter of your parent Branch (might be dated first week of October 2010) you are advised to report to Muzaffarpur Zone on or before 7.10.2010. Am I right? And you have reported on 5.10.2010. The matter of cancellation of your promotion is ceased once for all on that date. Now the problem is extension of time for reporting to Mirganj Branch. Since you have briskly acted upon at every stage Bank has to sanction you the leave and permit you to join either at Mirganj Branch or Muzaffarpur Zonal office has to issue a fresh order posting you to some branch. If they do not wish to consider your genuine problems and do not sanction leave, they are left with one option or treating this period as loss of pay. This is also not proper as they are not issuing you any order. You just go and sit in Muzaffarpur Zonal Office for their written advice in the matter. Your General Manager (HR) will not help you in normal course. They do not have eyes and ears.
You go to Mirganj Branch and report to the Branch Manager. Poor fellow, he can not take decision. He will consult his Zonal Manager. You make it clear to your Zonal Manager that you have reported to him well within time and your promotion can not be cancelled. The question is only sanctioning leaving or treating the period as loss of pay. Give him one or two days time to resolve the issue. If they do not take any decision, where from you will get your salary? You file a writ of Mandamus in the High Court engaging a good lawyer. Be firm on your stand. Do not accept that you are seeking extension for effecting your promotion. You have already reported in time.