After can an employee get age relaxation in future recruitment of psu

ashutosh (Querist) 22 August 2012 This query is : Resolved
Respected sir,
I was working in psu general insurance company and got confirmed on the post of Admn Officer . But due to very panic and difficult family circumstances i was required a long break. but due to haste and negligence i submitted resignation mentioning with immediate effect and went home. After one month when i relised my mistake i asked for cancellation of my resign . But i didn't got any response from the company. So i assumed that company wouldn't take me back.company had not send any letter about status of resign to me. But after some time company started major disciplinary proceedings against me for unauthorized absence. i replied and also appeared before enquiry officer and asked for my joining. But discliplinary authority imposed major penalty of removal from service of the company on groung of abandment of post.I have appealed against appelate authority which is pending at present.
In the mean time i crossed the cutoff age for govt. service.Recently this company again started recruitment drive and it mentioned that confirmed employees of general insurance companies would get age relaxation of 5 years. I have applied as employee ,after that i got call letter for written exam and i have got selected for interview. Now they have send me interview letter.
Sir, pl clear my queries
1.confirmed employee of gic who got termination and whose appeal is pending can claim age relaxation in further recruitment process?
2. company has send interview letter to me,can i sit for interview?
in online application when i wrote my employee number than autometically all my details come on screen and after that i have filled the form.
pl guide me sir
3. comp

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Sudhir Kumar, Advocate (Expert) 23 August 2012
First of all when company treated you as unauthorisedly absent then it is clear that :-

(i) You were on the rolls.
(ii) Your residnation was not accepted.
(iii) In all probability when you left office without acceptance of resignation a disciplinary proceeding would have been contemplated and this is a ground for rejection of resignation.
(iv) You were required to report back to duty (from where you deserted).

You instead of joining pleaded joining before IO who has no jurisdiction to stop or allow your joining. An employee charged of unauthorised absence is free to jon anytime and reduce severity of offence. If an employee does not join even during inquiry he is displaying a circumstantial evidence of not being available for service even if given lesser penalty and retained in service. In such cases generally they are removed/dismissed.

You pleaded before IO that you want to join but did not join. It is very clear that you also did not avail the facility of being defended through Defence Astt which was your right.

1.confirmed employee of gic who got termination and whose appeal is pending can claim age relaxation in further recruitment process?

Ans; It is clear that for availing this benefit you have to be an employee which you are not Your claim per-se is illfounded.

2. company has send interview letter to me,can i sit for interview?

Ans : Even if you are allowed to attend interview and even if you are selected this is no proof of acceptance of your claim. You eligibility is to be tested before the case is submitted to the appointing authority. You will be detected at that stage.

in online application when i wrote my employee number than autometically all my details come on screen and after that i have filled the form.

Ans : You are not saying as to whether you informed the selection procedure that you are removed and out of rolls. It appears you have applied claiming to be an employee. If the company gets vindictive they made in addition to cancellation of the candidature also go for FIR.

The tragedy with you is that when you were employee you behaved like ex-employee and when you are ex-employee you are behaving like employee.

Guest (Expert) 23 August 2012
You need not hold yourself back merely on presumption basis. Must attend the interview call. If you have been selected and issued interview call that means the company is willing to recognise the period of your service rendered earlier in the PSU. BUT, on asking must state position clearly. Do not hide fact of your termination and the reason for that.

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