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sneha   01 September 2016

Service termination during 1 year probation period

I joined a state govt. autonomous body, as an officer, under direct recruitment process. Before completion of one year probation, appointing authority has vindictively terminated my service with immediate effect with one month salary payment, citing reason "unsatisfactory Performance". 

I was on medical leave when they approved the termination letter, emailed, speedpost the termination letter. Unknown of the same fact and during those days, I was visitng Dr. regularly fro my residence in day time due to my severe illness. The speedpost letter got unserved to me as my house was locked and hence get returned to the appointing authority, citing reason as "Absent" by postman.

Since the authority was vindictive on me due to personal reasons, after a week time, they published my termination news in leading Public News Papers with some serious character assassination, defemation words ( 1. you have deliberately tried to avoid to accept the order of termination of your termination of your probation as an officer.   2. you have not furnished your present place of residence to this office).

Now above public notice has put me in big trouble as I am not getting any job for my livelihood in other walks of life due to the unpleasant words like deliberatety avoiding, not furnishing present residence address, etc.

Please note that I have not changed my residence as I am still getting letters from same office as on today. I have not avoided to receive any letter as I was visitng Dr. in daytimes in those days.

My question is:

1) Can the above termination letter be Stigmatic as I am not getting any job as they have charged on my character and integrity in that public notice?

2) They have not followed service condition act of our office. (in case of unsatisfactory performance, probation shall be increased further for another year.

3) There are clear terms & conditions for probationers which are available in our Recruitment Service Condition Act. Will the same rules be considered though my appointing authority have not mentioned in my appointment letter?

I sincerely request all concerned to respond who can put some light on this issue. Matter is Urgent as it's me and my family livelihood.

Regards



Learning

 3 Replies

Kumar Doab (FIN)     01 September 2016

All service conditions may not be mentioned in appointment letter.

1 Like

N.K.Assumi (Advocate)     01 September 2016

Service Jurisprudence depriciated hire and fire theory as well as an agreement between a lamb and a Lion.Employer can not act like a Nazism, and vindicative order is arch enemy of justice and fair play.No doubt, Probationay has its own limitation, but this limittion can not be a ground for termination with vindicativeness..Reasons for "Unsatisfactory perfomance" should be given.

1 Like

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