My application for deputation is not forwarded by employer
Querist :
Anonymous
(Querist) 17 May 2018
This query is : Resolved
Sirs,
I am a regular employee and working in PSU and had applied online for Deputation post to Statutory Body (Established under the Act of Parliament) under the same Ministry and submit Advance copies of the printed application along with all necessary documents within due date. On the same day I have applied to my Employer for submission my application through proper channel. Our Employer with his discretionary power has not forwarded my application reason " Due to acute shortage of manpower, services of ...............(me) cannot be spared at this stage. A regular official is need to be there. The proposal, therefore cannot be acceded to.". Now the employer is under process DPC for My Promotion. After continuous services of last eight years no promotion has been offered to me (MY ACR in last 5 years is 'VERY GOOD') though two promotion has already been due as per time bound promotion policy of the Company.
My pathetic situation is that One site, Our Administrative Ministry has already been decided to closure of the Company (Pending Cabinet approval), other side employer is not ready to release me as my requirement is very much there. My present age is 49 and where I had applied the age 49 is the maximum limit i.e., this is my last opportunity to apply. I never applied before to any other organization. My present Organization is unable to pay Salary also. I had relocated in Delhi from Other State and family is still staying in my origin state. Both Family Maintenance in my origin state and staying myself in Delhi is huge cost involvement which is beyond my capacity without getting salary in time. If Company goes/runs in normal condition I have no issue. But Company's Situation is different now.
My question is
1. If Corporation is Closed (As already decided but pending final approval), can my employer will take any responsibility or give any guarantee for my settlement to other Department/PSU of the same Ministry? As per my knowledge, there is no provision in case of closure. If not, what I will do?
2. Who will be held responsible for losing my job opportunity/Career for non forwarding my application through proper channel? Is is not my fundamental right under constitution? Can it be applied Article 21 of the Constitution of India?
3. If they offer promotion as per Time bound promotion policy, still do I have an option for applied to other Organization?.and in that case again if my application is not forwarded, what I will do?
4. Suppose, I accept this now, can I go to legal forum for Justice at any time after that? Is it any bar under limitation Act.?
5. Any other valuable suggestion please.
Please guide me.
Guest
(Expert) 17 May 2018
You have made two entirely contradictory things in your statement. On one hand you have stated that the administrative ministry has decided closure of the PSU and on the other you have stated that the employer is under process of DPC for your promotion. When the PSU is bound to close, how the process of promotion is justified. As per my knowledge, PSUs are created for the benefit of the public at large and are rarely closed. More so due to vested interest of authorities also, they usually don't allow PSUs to be closed.
In fact, you have discussed so many issues, which have no relevance to your application for deputation to some other organization. That raises some doubt, as if the problem is not genuine one.
Also, if you have a real job related problem, justification of your being anonymous is not understood?
Querist :
Anonymous
(Querist) 17 May 2018
Sir,
I respect your comments. Before joining in PSU Sector, I had worked 15 years in many Private and MNC. Just 8 years I came to Government Organisation. Before joining in PSU, I have also the same opinion about PSU as you have expressed in 1st para of your reply. But I am not happy with the conclusion you have made and also the word "doubt", "No relevance", "Problem is not genuine" "If you have a real job related problem" etc. I know that my presentation may not be in order as you want. But this is a real fact. However, I am trying to collect evidences to support my claim and hope that documents may support me to proof my genuineness.If require, I will use it for safe me and my family as the problem is mine only. For your information Sir, many PSUs is going to be closed shortly as DPE has published time bound closure of Sick/loss making CPSE (It is on public domain). Thank you for your valuable advice.
Sudhir Kumar, Advocate
(Expert) 17 May 2018
1. If Corporation is Closed (As already decided but pending final approval), can my employer will take any responsibility or give any guarantee for my settlement to other Department/PSU of the same Ministry?
NO
As per my knowledge, there is no provision in case of closure. If not, what I will do?
NOTHING
Sudhir Kumar, Advocate
(Expert) 17 May 2018
2. Who will be held responsible for losing my job opportunity/Career for non forwarding my application through proper channel?
NONE
Is is not my fundamental right under constitution?
NO
Can it be applied Article 21 of the Constitution of India?
NO
Sudhir Kumar, Advocate
(Expert) 17 May 2018
3. If they offer promotion as per Time bound promotion policy, still do I have an option for applied to other Organization?.
NO
and in that case again if my application is not forwarded, what I will do?
NOTHING
Sudhir Kumar, Advocate
(Expert) 17 May 2018
4. Suppose, I accept this now, can I go to legal forum for Justice at any time after that?
NO
Is it any bar under limitation Act.?
LIMITATION STARTS FROM THE CAUSE OF ACTION. SO FAR YOU HVE NO CAUSE OF ACTION.
Querist :
Anonymous
(Querist) 17 May 2018
Still I am not satisfied. Expect further Opinion from Expert.
Kumar Doab
(Expert) 17 May 2018
Pls post with your ID and not as AQ you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
P. Venu
(Expert) 17 May 2018
The facts posted, though unfortunate, suggest no cause of action. It is seldom that a PSU is closed all on a sudden and thrown out of job. The closure decision would take its own time and the employees would get the protection as provided by Law and more often, much more. Of course, it often happens in such uncertain situations that employees are placed in a lurch.
Sudhir Kumar, Advocate
(Expert) 18 May 2018
Nothing wrong in presentation of facts by you. You have been able to convey your dilemma, though mixed two issues. Your problem has been understood and analysed by the experts.
Speaking what you want to hear may not be best sympathy for you. Sure you never came here for this.
If still not satisfied then meet a lawyer in his office pay his service and hope for a different views.
Querist :
Anonymous
(Querist) 18 May 2018
Thank you very much, Sudhir Sir for your valuable Expert opinion. I am satisfied your Opinion.
I understand that nothing is happen within the rule as employer is correct. I have no option to go any forum in future. Only option is open for me (i) Wait for closure final decision, accept VRS money (though it will not much as my completed year of service and remaining service is short) and back to Private Organisation. (ii) If not getting salary for few months, forgo VRS money, resign and accept private placement.
Guest
(Expert) 18 May 2018
Very sensible understanding demonstrated by the anonymous querist after he found answer to his academic query!
Now he is free to provide or not to provide his/her ID, as per the desire of a quack. Mr. Kumar Doab with unreal name and unknown place, as "other"
T. Kalaiselvan, Advocate 
(Expert) 18 May 2018
1. If the government decides to close this corporate company it will reveal the designs of accommodating the current employees at different location and the options will be given to the employees according whether to continue with the arrangement or to quit with the benefits. Section 2(oo) of the Act states that "retrenchment means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include –voluntary retirement of the workman.
The Supreme Court excluded closure from the scope of retrenchment in Hariprasad Shivshankar Shukla vs. A.D. Divelkar. Further, in the State Bank of India vs. Sundara Money, the Supreme Court adopted the literal meaning of retrenchment, which is exhaustive and comprehensive and held that the expression "for any reason whatsoever" was very wide and admitted almost no exceptions. So, retrenchment means termination of a worker's services for any reason whatsoever, other than those specified in Section 2(oo).
2. If you are aggrieved by the decision of your department head to not to forward your application then nothing prevented you from making a representation expressing your grievances as well as the need for the relief in a convincing manner to the competent authority through proper channel and after that when this representation fails to invoke any response you may plan to initiate legal action as per provisions of law for relief and remedy.
3. Accepting the offer for your promotion is your choice.
The procedure for following up the issue when your application is not forwarded has been explained that first you exhaust the remedy available within and then plan to approach the court of law for remedy
4. No, it will not be however ou may not hav a justified claim for .that.
