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Dr. Jagdish Rai (Assistant Professor)     20 December 2012

Financial damage claim for illigally denying joining on job

I was selected through formal process for the temporary lecturership job for one year on contract at central university of punjab, bathinda on 9-5-2011. I went to join these and found a very strange situation, they were taking away all the original documents before joining. I asked for a formal receipt for my documents upon which they got irritated/threatened and they refused me joining without citing any reason. The copy of
my appointment letter and the illigal letter that they issued while joining is at my google account available at https://docs.google.com/open?id=0Bz62yClI2Pxza1NyR0lQV2laXzA . This incident was also reported in hindustan times (to see, click link https://docs.google.com/open?id=0Bz62yClI2Pxza1NyR0lQV2laXzA). Then i approached high court of punjab and haryana. In this case C.W.P. No.9652 of 2011 the court asked the university VC to reconsider the decission on conditional basis but did not consider financial damage claim and the illigal activity of keeping the original documents for blackmail purpose. The judgement is available at high cours website. In between i got better job so i did not go to join on that job again. But now i want to claim for the time in between i remained unimployed and the litigation cost.
Is it feasible ? can somebody in bathinda be my advocate in this case?



Learning

 3 Replies

Kumar Doab (FIN)     20 December 2012

 

No attachment is found in this thread.

Dr. Jagdish Rai (Assistant Professor)     20 December 2012

Respected Sir, The attachments i refer to are available at the link

https://docs.google.com/open?id=0Bz62yClI2Pxza1NyR0lQV2laXzA

The upload at lawyersclubindia.com failed so i have now put them at my google account, please follow above link to see

thanking you

jagdish

Kumar Doab (FIN)     21 December 2012

As you are hurt you may decide at a point of time that you want to agitate and pull the univ. to court but do you have prudent and tangible evidence to establish your charges??

Shall any of the contractual staff give witness that their original certificates have been retained without issuing any acknowledgment??

How would you prove that the concerned office and staff declined to accept your RTI application by hand?

The staff which declined to issue acknowledgment of certificates is the party which lodged complaint against you. The authority has played safe.

If the authority wanted to verify the originals, it should have happily issued the acknowledgment. Or it could have stated that attested/notarized copies should be provided and original be carried for marking OSV. There are many institutions which examine originals on the spot and return the originals on the spot.

Mere demanding an acknowledgment has costed you the job, probably a false complaint and embrassment.

Employee should be smart to record such transactions {audio/visual. Mobile comes handy.} The staff/teachers union of the univ. could have been of some help.

 

It is mentioned in the PDF file posted by you that:

--Appointment letter Dt.26.04.2011

Clause12: At the time of joining please bring:

a: Original Certificates

--Publication in the press/newspaper HT 15.05.2011:

 

The statement of R.K.Deora

 

 

 

Which implies that written acknowledgment was demanded but denied and hence the alleged altercation.

 

 

And your statement;

 

 

If it is true the institute has to either accept that original certificates are collected with or without issuing acknowledgment or has to produce the copy of acknowledgment issued by institute to each employee whose certificates have been retained.

 

 

 

This statement of Jairup Singh implies that institute wanted to conduct verification of certificates and thus wanted to collect the original certificates. However as per your statement the authority declined to issue acknowledgment towards collection and retention of certificates. This is certainly bad, unethical…..

The authority should have rather immediately instructed the concerned staff/employees which were assigned the duty of collection of certificates to start issuing the acknowledgment to each candidate reporting for joining the duty.

 

 

If you were put on duty by implied or expressed order/instruction/consent you can also claim wages/joining and as per clause no.11 of the appointment letter that you be given a month’s notice or wages towards notice pay. Can you establish that you were put on duty?

--Letter dated 11.05.2011 states that joining report has not been accepted. NO reason has been mentioned.

Appointment letter Dated 26.04.2011 clause 5: Your contract can be terminated without any prior notice and without assigning any reason.

However in view of the publication in the press HT: 15.05.2011 it is but obvious that there was a reason which if quoted can be detrimental to the authority.

If you want to tame and shame the authority you can agitate however the decision is left to the courts of law. Although courts have delivered landmark judgments and courts are not dumb it shall be appropriate to approach a smart lawyer and give inputs in person.

The attachment is as attached by you at Google docs. If any error is found you may correct it.

If you wish to avail the services of LCI lawyer you can search at

 

https://www.lawyersclubindia.com/lawyers_search/#.UNMrGvLZ1JI

Valuable advice of learned experts/members is sought.

 


Attached File : 390807924 joined document.pdf downloaded: 131 times

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