Service matters
kashif
(Querist) 29 March 2012
This query is : Resolved
One of my friends was selected for the post of Assistant Engineer ( Electrical ) trainee in Uttrakhand Power Corporation in 2008 after successfully clearing written test and interveiw. He received his Appointment Offer by registered post and was required to join before a certain date. But my frnd was not in position to to join the post due to some family problems. He requested the Director(HR) of that compnay to grant extension of one year in his joining time. The Director sent a reply of this request to my frnd by ordinary post (which never reached my friend) that only one month time can be granted to my frnd for joining. But my frnd did not join in that one month. There were no subsequent reminders or notices to my frnd w.r.to his joining or giving his post to any other person. After the passage of some One and a half year time my friend again sent a request to Director(HR) UPCL that he now wants to join the post. The Director did not not replied . My frnd sent a reminder after some days but Director again not replied . My question is that in the above background of the case is there any legal fault of lack of procedure etc on the part of the Director(HR) UPCL . Should he have reminded my frnd about the end of his appointment offer throuh notices and give information to him that his post is being offered to some candidate in the waiting list. I want to know wheather my frnd still has any right over the post and can sue UPCL in court
venkatesh Rao
(Expert) 29 March 2012
Law will never comes to your rescue. It is your friend who applied for the post and he had to comply with all the requirements. The employer advertises for the posts to be filled up within a reasonable time. Maybe, the service rules permit extension of time for one month. Appointment order was sent by regd. post. How come you came to know the request was allowed for one month when you not at all received the intimation? It was your friend who was interested in getting extension of joining time and he was supposed to keep in contact with the HR somehow. In my humble opinion, no employer ever grants one year joining time which is disproportionate at any stretch of imagination. Still you want to fight, you are doing so at your risk and cost;but futile effort.
Guest
(Expert) 29 March 2012
There is no legal fault on the part of the company. The Director (HR) was not bound to follow any procedure to terminate his service, as your friend could not get the status of an employee of the company without joining the company. The Director (HR) was also not bound to send response only throgh registered post to your friend, still a non-employee.
First of all, your friend's request to grant extenstion of time for complete one year was quite illogical. Your friend needs be aware that the jobs/posts are not created in any organisation just to keep those vacant for such a long time of one year or so and to get the organisation's work suffererd merely to wait for a candidate to join.
2ndly, if he did not receive any response for about 7-10 days of his request, he should not have presumed that his request would have been accepted. He should have persued the case vigorously to know what happened to his request.
Shonee Kapoor
(Expert) 30 March 2012
Rightly advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
kashif
(Querist) 30 March 2012
Thx to all of u Experts
Guest
(Expert) 30 March 2012
Dear Kashif,
You are welcome but with your legally genuine problem only.
