ashishkumar 28 July 2015

Late offering joining letter from employer

I appeared in written test for a public sector company in April 2005 and consequently after shortlisting, appeared in interview in September 2005. All the interview processes completed in Sep 2005. But my employer offered joining letter in May 2006.

This resulted in one increment loss and one year late promotion.

I could not do anything at that time as I had myth that it is prerogative right of employer to offer joining letter any time.

In 2014 I came to read a Supreme Court judgment Major General H.M. Singh, VSM vs Union of India and Anr (Judgment date 09 Jan 2014).

The judgment deals with the fact that Maj Gen H M Singh was eligible for promotion and a vacancy existed but he was denied promotion by Appointment Cabinet Committee without any reason.

In the landmark judgment Honorable court quoted that promotion is fundamental right (covered under article 14) if there is vacancy as well as eligible candidate, both available. Maj Gen H M Singh was granted promotion effective from back date.

Now I have 2 questions

Can I file a case in the court on the ground if I show evidence that after preparation of merit list in Sep 2005 I was eligible for the post and the vacancy already existed as per company requirement? The difference between two cases is one has issue of promotion while I have issue of joining.
Will my case be accepted for hearing (as per Civil Procedure Code or any other) as my issue is of Sep 2005 and I am taking reference of case of Jan 2014 (Major General H.M. Singh, VSM vs Union of India and Anr)?

Reply Follow

3 Replies

Kumar Doab (FIN) 28 July 2015

You have posted that:

" All the interview processes completed in Sep 2005. But my employer offered joining letter in May 2006."

"Can I file a case in the court on the ground if I show evidence that after preparation of merit list in Sep 2005 I was eligible for the post and the vacancy already existed as per company requirement? "

You may clarify that:

--You joined in Sep2005 or before May 2006 or in May2006?

--Do you mean that the vacancy existed from Sep2005 till May 2006 Or your DOJ but vacancy was kept although bthe process of recruitment was complate and selected cnadidiates were available to join at advertised vacancy?

--Was any selection letter or comminque issued and was it mentioned that selected candidates will have to join within..................days? And/or were you asked to wait till further communique?

If you have decided to contest then you will need a brilliant lawyer and evidence to convince the court.

As on date no case law/judgment/citation is available with me petaining to matter posted by you.

You may wait for the advise of other members/experts!

ashishkumar 29 July 2015

I got joining letter in May 2006 and joined in Jun 2006.

Vacancy existed before the written test was conducted.

Selection letter was issued in May 2005 and informed to join immediately.

The judgment I inserted in attachment: Major General H.M. Singh, VSM vs Union of India and Anr

The core point is that can I rely on a Supreme Court decision of Jan 2014 as my case is of Sep 2005(or will my case be accepted for hearing)?

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