Dear expert advisers
Need some suggestion on below case.
My wife had been working with SBI bank since Jan 2009 as office assistant (clerck grade) and was posted last in Kavi Nagar Ghaziabad Branch, due to some personal cicrcumastances she couldnt attend office for almost 1 year 5 months, during her leave (though not approved by bank) she had been in consitent touch with her branch through registered mails, phone cals and kept bank informed about her where abouts and personal, medical and materinity situations, and on other side bank kept sending notices/ memo from their side and finally handed over voluntary retirement letter just before a week she actually reported bank to resume her services, but now bank is dening to get her join bank and saying she has been terminated from services and last letter (for voluntary retirement) is for same
Below is the is the excerpt of letter submitted to bank from my wife as last hope with all details and supporting docs, this will give a fair details of the case and have your opinion and suggestion if we can take a legal route to get her Job back
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This is in reference to bank memo letter dated 9-Dec-2014 regarding my unauthorized absence, I would like to put together all facts regarding my personal, medical and maternity situations which unfortunately made me to be absent from duty for a longer duration, during my absence I tried my best to keep bank informed on my personal situation and had been in consistent touch with Branch manager through mail, emails and phone calls to make him aware about my where about and developments in personal situations
I am putting below bullet point facts as justification of my long leave and also attaching all supporting docs for your reference and verification
1) 1) I had a gallbladder operation on 3rd July 2013 in which an infection was diagnosed on 18th July and doc advised to take rest for a month
2) 2) I submitted my medical certificate and sent an leave application to bank for same on 20th July
3) 3) My husband got a short term (3 month) US deputation on 19th July and was asked to travel on 21st July itself due to some urgent project requirement
4) 4) Due to my health condition and some personal issues going on with my inlaws, he didn’t want leave me at home and asked me to company him
5) 5) I took doctor's permission and flew with my husband to US on 21st July with plans of returning back within 3 month
6) 6) I sent an application to bank within month of my travel letting bank know on my personal situation and where about
7) 7) My husband's project got extended for few months and I informed bank about same requesting extension of my leaves
8) 8) On 26th Nov 2013 I was found positive for my pregnancy test and doctor advised not to exert and avoid long distance travel during pregnancy
9) 9) Due to fact that I had miscarriage earlier during travel and was very conscious about my pregnancy this time hence decided not to travel during pregnancy and sent my leave applications to branch manager asking maternity leave/ leave without pay
10 10) My daughter was born on 23rd Aug 2014 and I initiated immediately her paper work for birth certificate, passport and PIO card which had to be done in succession and took almost 3 month to get completed (it was completed around end of Nov 14), this paper work was mandatory to make baby travel with us
11) 11) I got my return travel booked for 4th Dec and sent a letter to bank informing that I would be joining bank on 15th Dec as I planned a week for my living arrangement and my in-laws travel to Ghaziabad which was very much needed for baby's care once I resume services
12) 12) I reported bank on 15th Dec but unfortunately bank had already issued a letter on 9th Dec 2014 on my volunteer retirement due to long unauthorized leave and denied to make me join
I acknowledge during my absence bank sent multiple mails (5-6 notices and a final letter on volunteer retirement) but I responded all mails, letting bank know about my personal situations and probable dates of joining
I agree I flawed some of the bank rules on proper leave authorization before going on long leave but I assure bank that those were done solely due to my personal circumstances and unawareness of all Bank rules.
I would not be able to bear stigma of being terminated from services and will impact me life long, I deeply regret and apologies my mistakes and request bank to re-consider my personal situation and adjust my absence against maternity leaves and sabbatical leaves and allow me to join bank as soon as possible.
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we have almost all the documentation as supporting docs except for the above mail which HR has denied to give recieving on same
Request your suggestion if we should take a legal route to fight or better just wait bank's response and hope for their mercy
