c p chandran (Proprietor) 15 September 2009

Suggestion to file a case

Dear Sir/Madam

One of my close friend working as lecturer (govt. College) filed a case against his transfer order and the order was stayed by the state administrative tribunal in the year 2000. During the stay period he has prayed for reposting and was not allowed to work in the same work place citing that no vacant post and no other direction was given . The final judgement was not on his favour and the case was closed during the year 2002. He has rejoined his service . After that the government had issued show cause notice stating that his absence during the stay period was unauthorized and enquiry commission also endorsed it and based on that one increment was stopped for three years with cumulative effect in the year 2006. Now he wants file a case against the ruling. Is it possible now? Please suggest.

Reply Follow

3 Replies

Isaac Gabriel (Advocate) 15 September 2009

Did he apply for leave of any kind from the date of relief ?.The period from 2000 to 2002 nneds to be regularised ,which is the prerogative of the employee.Unless it is regularised,service benefits could not acrue It is not also not possible to claim coumpousory wait because of the court order,since alternate posings had been offered by the employerThe punishment could be challenged as per the discipline and appeal rules.

B.S MANJUNATH (ADVOCATES) 16 September 2009

It is important to give correct facts. However, if on transfer if relieved from the present posting duty report has to be made at the place where posted with out delay. Since therewas no stay duty report should have been made. If not made it is unauthorised absence. After two years if reported on what basis the duty report was made and allowed is important information required. In any event even if there was no posting given then also it is the duty of the employee to bring it to the notice of the concerned superior by proper representation through proper channel about no posting availability.