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chandra (M)     16 August 2011

Regularised and terminated

Dear sir,

Initially i was appointed on contract basis for a period of 3 years, through interview by a selection committee.  i worked for 2 years 11 months on contract basis. Before completion of my contract period, Corporation has absorbed by services in regular post and not given regular scale as there are no sanctioned posts.

Further, the Govt. has sanctioned few posts duly mentioning in the G.O that the selection of candidates thru written exam and interview & cost shall be borne by Corporation.

Out of the sanctioned posts, the Corporation has regularized my services duly fixing the scale of pay. As per the rules of the Corporation, MD has competent authority to appoint the persons. As per the rules of the Corporation and in view of the urgency of work, MD has appointed me on regular basis duly considering my experience in the Corporation. My appointment was also not placed in the Board for ratification.

After few months, the MD was transferred and new MD has come. After few months, the Corporation has gone for paper notification for the sanctioned posts and appointed the persons thru written test and interview.

After two years of my appointment, the officers have processed my file for probation declaration. The MD has raised the question that the appointment was not in accordance with the GO and instructed to place the same in the Board.

Board has decided and forwarded the file the same to Govt. for necessary orders. Our parent department has sent the file back to Corporation duly mentioning the following;

1)      Corporation has violated the procedure mentioned in the G.O

2)      Terminate the services immediately.

Now the Corporation has processed the file for terminating my services.

Kindly suggest if the Corporation terminates my services.

Regards

Chandra



Learning

 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     16 August 2011

If any appointment is made against the relevant rules then it is liable to be erminated as the base is not legal. You cn just claim that you were ready to face each and every exam and this was corporation which took otherwise decision. It is better to obtain stay order against your termination.

chandra (M)     17 August 2011

Thank u Sir.

In my appointment letter, they have mentioned u have to clear the written test. But they have not conducted so far.

They have appointed me on regular basis with out conducting any exam. They have considered my experience in the Corporation.

 

Kindly suggest.
 


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