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Sapna Tamrakar   31 December 2016

Not being confirmed in CPSU

Sir we 8 officers were selected in April 2014 after going thru proper recruitment process against d advertised one post as it was written in advertisement that management may increase or decrease the posts. After completing one year of probation management extended probation of all 8 officers without any notice and again after six months they did the same. After completion of two years and 3 months of service they gave a show cause notice to 7 officers that as there was only one post and 8 officers selected so why not your service should be dispensed. We approached to Honble High court and court passed order that no adverse order will be passed till next date which is continued till date. In mean time Management confirmed the appointment of our junior batch 5 officers appointed in November 2015. Now we will be treated as junior against our juniors. Please advise further if court can take cognizance in this fresh development to stayed our juniors confirmation. What are the chances that we will be confirmed as permanent by court order. Thank u all


Learning

 11 Replies

Vivek H Bedarker (A)     31 December 2016

When Hon'ble high court is already taking your case positively then wait and have faith. Court will normally observe fundamentals like 1) Whether all 8 of you were made aware that you may or may not be confirmed, and whether you had accepted this condition? 2) Whether PSU has taken some arbitary decision and thrown you into uncertainty or was it logically kind of apprising you all the time that you are not confirmed and might be terminated due to general administrative reasons? 3) If 8 of you were selected for particular discipline/department which is now defunct or big manpower not needed and the other batch that joined after you is for same discipline/ Department or some other vacancy in PSU? 4) Court will also apply mind on all other associated issues and similar precedents. CPSU are responsible companies which normally follow statutary HR rules and laid down law/principles but sometimes their opinion can well be wrong and turned down by Hon'ble court.

Vivek H Bedarker (A)     31 December 2016

When Hon'ble high court is already taking your case positively then wait and have faith. Court will normally observe fundamentals like 1) Whether all 8 of you were made aware that you may or may not be confirmed, and whether you had accepted this condition? 2) Whether PSU has taken some arbitary decision and thrown you into uncertainty or was it logically kind of apprising you all the time that you are not confirmed and might be terminated due to general administrative reasons? 3) If 8 of you were selected for particular discipline/department which is now defunct or big manpower not needed and the other batch that joined after you is for same discipline/ Department or some other vacancy in PSU? 4) Court will also apply mind on all other associated issues and similar precedents. CPSU are responsible companies which normally follow statutary HR rules and laid down law/principles but sometimes their opinion can well be wrong and turned down by Hon'ble court.

Sudhir Kumar, Advocate (Advocate)     01 January 2017

you will not be placed junior to subsequent recruitees.

 

But this will hold in case you were on probation.  Not if you were, ad-hoc, daily wages, apprentice etc.

Sudhir Kumar, Advocate (Advocate)     01 January 2017

use RTI and seek entir enotic leading to this confirmation.

G.L.N. Prasad (Retired employee.)     01 January 2017

When you have a counsel and paid for his services, discuss about these developments with him for further lawful process.

As advised by Shri Sudhir kumar file RTI Application.  The three issues identified in your post is shown in brackets.  Let your advocate file RTI Application in his own name and seek information as per application format if any prescribed and with RTI Fee.

(After completing one year of probation management extended probation of all 8 officers without any notice and again after six months they did the same)

1.Please inform specific reasons for extending probation for another six months for all 8 officers, and provide such specific rule and regulation that empowers for extending of promotion without stating any grounds.

(After completion of two years and 3 months of service they gave a show cause notice to 7 officers that as there was only one post and 8 officers selected so why not your service should be dispensed)

2.Please inform the specific major and minor irregularity pointed in show cause notice dt....to 7 officers and the concerned rules and regulations under which SCN was issued without specifically pointing out any major/minor irregularity in functioning for ....months, ...months even after promotion.

(Management confirmed the appointment of our junior batch 5 officers appointed in November 2015).

3.Please inform as to the procedure of confirming juniors, when the seniors were not confirmed and probation was extended without assigning any reason.  Please provide entire office notes prepared for that confirmation, and issues discussed about the old staff that were not confirmed even after extended probation.

.(Please advise further if court can take cognizance in this fresh development to stayed our juniors confirmation. )

(Now we will be treated as junior against our juniors)

4.Please provide the extant of such rules and regulations in Consideering  seniority in between the old officers that are still continuing on extended probation and those junior officers which were confirmed when seniors were continuing on probation.

 

What are the chances that we will be confirmed as permanent by court order.

5.Please provide such office notes on record for confirming juniors whereas the seniors are serving under probation and the matter is subjudice.

 

1 Like

Vivek H Bedarker (A)     01 January 2017

Did you state that in advertisement the PSU mentioned 1 vacancy and selected 8 with conditions? Self goal kind of thing by the PSU. But I understand that you 8 persons were selected for some specific and non conventional Department with also perhaps lateral entry like CSR/ Agriculture/ Renewable energy etc. Please do check out the terms of appointment. If PSU says that they don't need such numbers of personnel with special expertise then still they may adjust you in other general Departments. Rest is upto the court to decide.

P. Venu (Advocate)     01 January 2017

Yes, the facts posted suggests a higly arbitrary stand. Make use of the RTI to gather the complete facts and bring them to the notice of the Hon'ble High Court. In the present situation your advocate will the best person to guide you further.

Sapna Tamrakar   01 January 2017

Thank you all fir guving valuble time n reply. Sir the officers category is core category for the company without us company can't function v all are license professional to do assessment of pwds n d cpsu distribute free aid and appliances to disabled from central govt fund. There is always shortage of professionals n the company is out sourcing to run. In the advertisement it was written that number of posts may be increase or decrease n approval was taken for all 8 posts from concerned ministry . Thanks again and Happy new year

Sapna Tamrakar   01 January 2017

After our appointment on permanent position 5 more officers appointed just after one year and 5 more advertised in January 2016 n process of selection still on. Beside this in May 2016 the company advertised for 36 positions on contractual basis but only 10 came for interview. As the job profile include too. Much tours doing camps for pwds all over country As v already have given so much time n were thinking that will got confirmed after one year as written in appointment letter that successful completion of one year probation leads to confirmation but after 15 months v all got extension without showing any reason and again after six months. Some of us gone over aged . Our advocate has asked for the copy of confirmation letter as in first order of honble high court its written that no order adverse to the petitioners shall be passed. Thanks

Sapna Tamrakar   01 January 2017

Thank u all and specially to prasad Sir for point wise questions to be asked through RTI. However our advocate seems too busy n not responding properly always showing too busy that's why iI chose this platform to know where does d case stand

Sapna Tamrakar   19 April 2017

Sir recently the PRP performance related pay has not been paid to all of us while it was paid in financial year 2015-16. Seeing such descrimnatiin perhaps employer will not give us the 3rd pay revised for PSUs. Can I rejoin this job after quitting if Honble High Court decide in our favor mentioning the reason of non confirmation and no increments and benfits?

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