Govt Service
KRISHNA KUMAR SINGH
(Querist) 02 October 2010
This query is : Resolved
This is a query regarding a lady who has served 28 years in a government job, and now is 5 years away from retirement.
3 years back, she was stopped salary when she filed a case in the Jharkhand High Court for her time based promotion.
The department of education started saying that her service was illegal and that no records ofher documents were available in the Office. They also got a letter from the Bihar State saying that the folio number which is mentioned in her appointment letter was not found in their records. The lady has her own copy of the appointment letter. She has a Service book, has served the department for 28 years now.
The department, after the Hon'ble Jharkhand High Court passed an order asking the Department of Education to pay her salary of the last 3 years which has been not paid to her, issued a termination letter to her. Her salary is still due & she has movedfor contempt.
My query is that after serving so long with a valid Appointment letter & Service Book, can she lose her job anyway?
Is there any SC Order supporting her case?
Kiran Kumar
(Expert) 02 October 2010
in case the appointment was on some fake documents then the service can be terminated instantly.
but if there is some serious lapse on the part of govt. qua the service records then she can not be punished.
KRISHNA KUMAR SINGH
(Querist) 02 October 2010
Thanks. Her own certificates are 100% genuine. She has a copy of the Advertsement in a paper of 1981. The department also doesn't has it. She has a SERVICE BOOK, which is the greatest proof a a Genuine Govt. job.
This is being done due the prejudical state of mind of some departmental officials.
In this case ??
Devajyoti Barman
(Expert) 02 October 2010
It all depends upon how the department chooses to proceed further. If it finds anything doubtful about the appointment then definitely the department can initiate inquiry and take appropriate step. But as now the high court has ordered to clear her dues then there is no point in pondering of the future.
KRISHNA KUMAR SINGH
(Querist) 02 October 2010
But the department got a news printed in the local papers of her being terminated after the order of the Hon'ble High Court.
s.subramanian
(Expert) 03 October 2010
File a fresh writ petition challenging the termination as illegal and improper. Otherwise the termination order would become final and affect you very much. You cannot do it in the contempt petition which is already pending,as you say. Fight that also vigorously.
KRISHNA KUMAR SINGH
(Querist) 03 October 2010
But her termination has not been informed to her. No letters. Only a Press Release.
I think she can't go to the respective department and ask for her termination letter.
So what should be her move?
Chanchal Nag Chowdhury
(Expert) 03 October 2010
The contempt application should be pressed vigorously. The termination is illegal.
File a writ petition against the termination & call for the records. I think that should be sufficient.
Ajay Bansal
(Expert) 03 October 2010
DEVAJYOTI IS CORRECT.
KRISHNA KUMAR SINGH
(Querist) 03 October 2010
Can a writ be filed on the basis of the News in the daily local ?
Advocate. Arunagiri
(Expert) 05 October 2010
File a Contempt petition against the employer for not obeying the HC order.
The employer can terminate the employee only during the service time. The question of termination does not arise after the retirement. But, they can initiate appropriate action, criminal case or stopping the benefits, if they found any defect in very appointment itself, caused by the employee.
M/s. Y-not legal services
(Expert) 07 October 2010
If you have merits on your hand mean immediatly file a writ petition against the termination.. And challenge it.
