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ravi (Manager)     08 November 2016

Labour matter

Hi, I am working in one of the PSU. I have joined the current PSU on the basis of my previous experience in private sector in year 2006, as one of the eligibility criteria that time. Then after i passed many departmental exams. In year 2013, PSU has notified vacancy of post "Y" for which internally i was in "X" where "X" is the feeder grade of "Y". While both X and Y post is in same bracket of promotion and profile aspect. As per notified eligibility criteria, the requirement was not fulfilled by me, as they were not ready to consider me as internally despite of representation. Since their intentions from day one was not to allow internal employees...Somehow they not able to stop me being my experience private+govt. fitted into their eligibility criteria..i have applied from outside thru proper channel.......but when interview committee has done the selection they again shown their malafied intention and placed me in waiting list...and when it was finalized that main list selected candidates are not joining, then after they have not cleared the waiting list and took one year to clear the waiting list after my seven representations. After my struggle finally in year 2014 they gave me post "Y" till that time i completed my one and half year on post "X". Now in year 2015 and 2016 a special departmental promotion exam for a post "Z"  notified. In normal course "Y" is feeder grade but in this special case both "X" and "Y" are feeder grade. They have made me eligible both times. The eligibility criteria  was 5 years regular service and one year minimum in "X" and date of experience eligibility as on 31.06.2015 and 01.01.2016 respectively. The Promotional ladder is i.e. X(Feeder Grade with three years service)>Y(Feeder Grade with three year service)>Z.

Now coming to issue: I have applied for NOC for applying in another PSU for job as equivalent to "Z" in my current PSU. Now my PSU has refused to give me NOC basis reasoning that since i am a fresh recruit in year 2014, hence as per company policy without completion of three years they will not allow the application forward...

Now my contention is, when i am already allowed to sit in the departmental promotion exam by including my service before 2014 as well and considered continuity for five years on 01.01.2016 while other co-recruitees of post "Y"(who were from previously from other govt. jobs and even came with proper channel) were made ineligible to sit in exam of "Z" as informed that they were not having company five years service.

The numerical presentation i.e. 2006(initial Joining)>2013 (Joined in X)> 2013 (Selected for Y's Waiting list)>2014 (cleared the waiting list)> 2015(appeared in First departmental promotion exam with five year regular service eligibility criteria)>2016 (Appeared in Second departmental promotion exam with five year regular service eligibility criteria)>2016 Applying NOC(Refused NOC basis non completion of three years service in company)

Now advise what should i do...



Learning

 7 Replies

Kumar Doab (FIN)     08 November 2016

Relate with service rules and reasoning as you have done in your query, and pursue.

 

ravi (Manager)     08 November 2016

My contention is when they are making me eligible for departmental promotion by accepting fact that i have five years regular service in company on 01.01.2016, then how come they come with another version of not having three years service on 30.09.2016 for NOC issuing....

 

Kumar Doab (FIN)     08 November 2016

Relate with establishment rules pertaining to NOC and find defects.

ravi (Manager)     09 November 2016

MY issue is they have restablish my joining date because of which their rules of new recruit made applicable on me...while my re-joining was a technical formality and has no bearing on my continuation of job...hence NOC rule is not applicable on me....

 

I need a advise whether legal remedy should be applied for or not...

 

 

Kumar Doab (FIN)     09 November 2016

You are aware of the logic and you have yourself posted the logic.

Apply your own reasoning, persuation, persistence skills and point defects.

Exhaust the internal remedies/escalation matrix first.

 

ravi (Manager)     09 November 2016

Dear Sir,

1. I have raised the representation to the concerned. But i doubt that they will listen or accept their own wrong logics..

2.  A person desires to leave a PSU when he found that this PSU is full of non sense...

My only contention is whether my case is legally fitted for remedy or not...there may be 100 of logics...but that is of my mind generated...a neutral legal opinion is required...i can hire multiple lawyers but may be for case they may not give me a neutral suggestions...

Hence, i need a neutral suggestion on my narration of facts...

Kumar Doab (FIN)     09 November 2016

Neutral suggestion has been posted.

Exhaust internal remedies first.

Pursue RTI route if required.

 

Regret; Don't agree with you that :'i can hire multiple lawyers but may be for case they may not give me a neutral suggestions...'.

 

There are many counsels of unshakable integrity and would render considerd opinion

Share all dcos, rules,  and all of your logics and inputs.

 

 


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