What are the chances for relief in this case?
Anonymous
(Querist) 17 February 2016
This query is : Resolved
I was employed on probation for 2 years as jail warden
Jail department terminated me on the short ground that i remained absent from duty for 1year 2 months and on that basis they formed opinion that my conduct is not satisfactory and via Rule 10 of Punjab jail department services(Class 3 executive) Rules 1963
Before passing this order the dept has send a notice to report for duty immediately and i have replied on back of notice that i will come on duty when i will be fine as i was ill and was having back pain
Medical certificate of doctor i have given which shows that i have been recommended for rest in that time
but dept ignore those certificates
No enquiry was held
No chargesheet was served
Genuineness of medical certificates was not suspected at any time
so what are the chances of allowing writ petition in high court as my appeal was rejected and now i want to reinstate in service
Santosh Goswami,Advocate
(Expert) 17 February 2016
The question is whether you sought medical leave or nor and whether the same was granted or not. From the perusal of rest of the query, it seems that there could be a possibility of Writ. There seems a violation of legal right.
9555462995
Rajendra K Goyal
(Expert) 18 February 2016
Whether you have submitted leave application from time to time?
If submitted whether you received any reply?
Have you sent any letter through registered AD after receiving the notice?
Anonymous
(Querist) 18 February 2016
Thats the problem i have not send any application or letter about my health to the department
But on first notice which was send to me i have given reply on back that i will join the duty when i will be okk sofar i am ill and having back pain....that was the only reply from my side in starting after that about one year two months from that notice the dept has terminated me
Guest
(Expert) 18 February 2016
Mr. Gurvinder,
Not even a remote chance?
Did you feel that your employer should have waited for you to wait for your joining and keeping the post assigned to you indefinitely, when neither you applied for leave, nor sent any intimation of your illnes, and still did not join even on notice?
Anonymous
(Querist) 28 August 2016
Sir the best point in this case is that the department has rejoined me after the long absence of 1 year 3 months and They have given me the pay for 2 and half months after that they have given me termination letter by saying your service is unsatisfactory because of long absence then why they have rejoined me? why they pay me for 2 and half months and without any notice or enquiry why they have terminated me?so what best i can do?
Guest
(Expert) 30 September 2016
Mr. Gurvinder,
Do you feel that the experts are the spokespersons of your employer to reply on his behalf to your vague question, "why they pay me for 2 and half months and without any notice or enquiry why they have terminated me?so what best i can do?"
If there is any truth in your story, there can be three options for you, e.g.,
1) Ask your employer; or
2) Send legal notice to your employer; or
3) Get your case examined thoroughly by some service laws expert to guide you properly for further necessary action.
Raj Kumar Makkad
(Expert) 30 September 2016
Absurd questions have the same fate as is seen above.
Rajendra K Goyal
(Expert) 01 October 2016
Discuss with local service law expert and challenge the decision of the department. First write to disciplinary authority after consultation with your lawyer.
Rajendra K Goyal
(Expert) 01 October 2016
Discuss with local service law expert and challenge the decision of the department. First write to disciplinary authority after consultation with your lawyer.
