Repatriation
Rizwan Ul-Hassan
(Querist) 13 May 2018
This query is : Resolved
AoA,
I am from Pakistan, I experienced that there are expert lawyers who are replying the queries of the public However I am not an Indian citizen but I want to put a query to get proper answer as there is minor change in the service rules of both countries.
I Joined sindh high court for the post of Clerk through proper channel, my service was also counted by sindh high court, the appointment order mentions that i will be on probaiton for the priod of two years.
After serving in high court, I got another NOC to apply through proper chanel for the post of Assistant in one of the federal government departments, I applied for relieiving but lien was not maintaned by the department which was mentioned in the relieving order.
they said "I served for twenty months, while there were four months left in completion of probation period".
I had joined the federal department, four months have been spent but now I am facing difficulties here, now i want to go back to my parent department, how is it possible without lien?
May I request them for repatriation with any condition? that these four months which I served in another department may not be counted in my past service?
Guest
(Expert) 13 May 2018
Dear Rizwan Ul Hassan,
Repatriation to the new parent department is not possible, when you have not been confirmed after your probation period. However, if your lien is still being maintained in your previous parent department, you can get repatriation to that post, provided the concerned department has not already terminated your lien from the lien post after selection in the latest department.
Rizwan Ul-Hassan
(Querist) 13 May 2018
Okay, but may i not send application upon humantarian grounds as there is alot of difference between the salaries, my parent department was offering Rs.60,000/- and my current salary is Just 21,000/- ??? You must be thinking that why i moved in such limited salary? the reason was pay protection, which will be protected here after probation, I did not know this.
Guest
(Expert) 13 May 2018
How anybody can debar you from making any application to your previous department? It is for the competent authority to consider your application and make decision as per the prevailing rules and regulations or their delegated authorities. I just made you aware of the implication of normal rules. Exceptions cannot be overruled, if any authority is vested with any such power to accommodate you back on your previous post.
Dr J C Vashista
(Expert) 13 May 2018
It would be better to seek repatriation to your parent organisation, despite the fact your service has been confirmed.
Rizwan Ul-Hassan
(Querist) 13 May 2018
I am thankful to both of you Mr. Dhigra and Dr. JC Vashista. Your valuable attention has been invited toward the NOC of the high court upon which i was relieved, "He is permanant employee of this court and his date of entry into government service is 23.09.2011". and once another NOC was issued to me who upon my written request in which it was stated " His lien may not be kept as the post is purely on "Contract Basis"
I have submitted application in High Court to award me lien but the reply states that "your application has been declined by the competent authority as you did not complete the probation period" (there were just four months left in my probation)
I have observed the contradiction between the latter NOC and the reply from Sindh High Court. May I submit counter reply to inform the facts regarding contradiction?
KISHAN DUTT KALASKAR
(Expert) 22 May 2018
Dear Sir,
The concerned High Court have vast powers to extent justice to you. But you being employee of High Court, if the judges view the matter as that of their prestige then you may not get justice. Please deal the issue sensitively.
