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(Guest)

Can government servant be removed after joining due to employer's own so called error ?

If a government exam candidate is selected and given joining by a government organization, can it later claim that there was some error in accepting the Eligiblity and now you will be removed? And what if employee had taken loan on account of his secured job ?


 15 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     13 March 2020

Dear querist,

If employer remove employee for a reason of accepting eligibility then same can be challenge in court.

Regards,

Akshay   13 March 2020

Hi

According to your query you can take a legal path and file a case under breach of contract.

One question to you what kind of loan for securing your job are you talking about?

 

Best regards,

Akshay gupta


(Guest)
Thanks for the response Akshay Gupta
In clarification to your reply, firstly the recruitment being done and appointment being given and the employee is working fine till such questions is made on his eligibility, and the second issue is the employee took a personal load for his house purpose , so would it not be a problem for him to pay it back on mistake of the employer's error if any?

(Guest)

Thanks for the response Akshay Gupta In clarification to your reply, firstly the recruitment being done and appointment being given and the employee is working fine till such questions is made on his eligibility, and the second issue is the employee took a personal load for his house purpose , so would it not be a problem for him to pay it back on mistake of the employer's error if any?

Read more at: https://www.lawyersclubindia.com/forum/Can-government-servant-be-removed-after-joining-due-to-employer-s-own-so-called-error--208455.asp

TGK REDDI   14 March 2020

I think the government servant can be removed.

After all, employers are not infallible and their errors are to be condoned.


(Guest)
What if the employee has taken house loans or personal loans on security of his job, and all of a sudden out of nowhere when is is regularly working, is given this reason?

TGK REDDI   14 March 2020

There's, that's why, probation period during which a loan shouldn't be granted.

If granted, the loanee can't plead innocence. 


(Guest)
Sir, what if the load granted is after confirmation when probation period is over ?

TGK REDDI   14 March 2020

If loan is granted after probation period, then also he, I think, can't plead innocence.

A loan cannot avoid dismissal.


(Guest)
But what wrong has the employer done here ? He has followed the whole procedure and corporated everywhere with the process with supportive genuine documents, now all of a sudden how can the employer say it defaulted somewhere so you are ineligible? Where is the fault.of the employee here?

TGK REDDI   15 March 2020

The fault of the employee is lack of eligibility.

TGK REDDI   15 March 2020

The fault of the employee is lack of eligibility.

TGK REDDI   15 March 2020

Due to software problem my Reply above is repeated.     I beg the pardon of the Members.

My points are 4027.     Likes are 189.   Percentage is: 189X100/4027 = 4.69.     Not very bad for a Member.


(Guest)
Is there in court judgment where the employee has been allowed to fulfill the eligibility during ongoing job or fulfilled it while working for that time being and considering it ?

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