Appointment & termination
prabhakar singh
(Expert) 24 November 2013
To me you have one silverlining that it is a GOVT.employment of yours where a writ can check imbalances by way of writs issued by concerned High Courts or the Apex Court applicable to your case.
Sudhir Kumar, Advocate
(Expert) 24 November 2013
Thinking of writ will be premature at this stage.
You have not intimated clearly who that person is. Is he your appointing authority (i.e. under whose signature you were granted the present position.
A lot of bias has been narrated by him and it is in your interest to pen down all and submit to higher authority requesting for posting out and he being debarred from writing your probation assessment (if he is supervising you)
malipeddi jaggarao
(Expert) 25 November 2013
I am surprised how the above two experts could understand query which is just
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Devajyoti Barman
(Expert) 25 November 2013
it means query was there at the beginning which got later deleted by the author himself.
ajay sethi
(Expert) 25 November 2013
well 2 experts have understood query and replied to satisfaction of querist
Devajyoti Barman
(Expert) 25 November 2013
yes because the query must be there at that time.
V R SHROFF
(Expert) 25 November 2013
Anand Prabhu says "Me and my wife are on the verge of Divorce. It’s a 14 year old marriage that is being called off. ""
So in ANAND & NEAR GOD, NICE SAREGAMAPADHNISA i.e.
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don't take that mich tension, that u don't know what u ask ..
God is there for good people
(Querist) 27 November 2013
Dear Expert forum,
My sincere apologies for deleting the post that I had posted due to some critical reasons that would have affected me at that point of time, had it been remained in the public domain. Now I feel free to post the query. Hope you oblige and take. Regret the inconvenience caused. Regards, The query for which I require your valuable guidance is as under.
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Dear Sir,
I got appointed as an employee in Staff function through proper interview and fair recruitment process in one of the premier Educational Institutes of India governed by the Ministry of HRD, Government of India in the month of May 2013.
The appointment was on contractual basis for a period of three years with a performance review at the end of the first year (consolidated pay of Rs. 75,000/- p.m. for the first year) after which I was to be absorbed in the Central Government PB 4 ( Rs.37400 - 67000 )plus Grade Pay of Rs. 10000 p.m. ,with a one month notice period on both sides for termination of employment. The appointing authority is the Director of this Institute.
As this was a new function introduced in this Institute, since the time I joined I had been regularly contacting my Director (appointing authority) to sensitize me about my job responsibilities for which he has been avoiding, saying that he is busy with other more important assignments and asked me to do whatever I feel good for the profile. Finally after a month and a half, after a lot of persuasion from my end he asked me to report to one of his confidantes holding the next position to him in this Institute as my Supervisor. I then was regularly following my Supervisor for clearly defining my job responsibilities but he too always avoided me saying that he has to speak to the Director and come back, which never happened. (as I assume he too was not clear on any job responsibilities directed for me from the Director’s end)
As per my intelligence, experience and wisdom I performed my duties and regularly kept appraised both my Supervisor and the Director, with the reports, inputs required and market feedback, for which there were no replies from their end. Still I was performing my duties with utmost sincerity, honesty and integrity.
Suddenly this week the Director (appointing authority) called me in the presence of my Supervisor and asked me to resign immediately saying that he will be waiving off the notice period of one month so that I can be relieved from the next day onwards.
Reason cited was that there has been no performance, however no issues on my integrity or honesty.
I would like to state here that, in these past six months, there have been no meetings to comment on any improvement in my performance, no memos issued to me about my performance, no memos on any kind of counseling or any show cause notices on that matter related to my performance.
On my refusal to resign immediately the Director (appointing authority) expressed that in that case he can issue a termination letter.
I also suggested the Director (appointing authority), of some other vacant positions in the system in which I can be a perfect fit suiting to my experience and qualifications, for which he refused my consideration.
Again on my refusal to resign without any valid reasons, the Director (appointing authority) expressed that he can create a lot of reasons to terminate me, and the consequences will be highly detrimental to my career.
At last on my request to grant me to serve the notice period of one month so that I can find a new job, the Director (appointing authority) agreed with a lot of reluctance.
So I was forced to resign being hardly for Six months in this Organization, and now I am serving the notice period, searching for a new job.
Is there any legal way to challenge the said issue….?
I am in a very high level of mental trauma as I have a family and kids to take care of, and at Senior levels getting new jobs are not that easy in the present economic scenario.
Kindly suggest.
Regards.
