Release from the department
seema chakrabarty
(Querist) 13 August 2012
This query is : Resolved
Sir,
I am a central Govt. employee working in a Group 'B' post. In 2010 I had applied for a Group 'A' post on deputation basis with the approval of my Departmental Head. After completing the complete selection process through UPSC I finally got selected. Now, my departmental head is not ready to relieve me. MY Cadre unit is DOPT and they are ready to relieve me but my department where I am posted are not ready to relieve me knowing the fact that this involves my career advancement. I have filed a case in CAT. The case is due to be heard. Kindly recommend me some similar cases where the decision has been made in the favor of the employee.
venkatesh Rao
(Expert) 13 August 2012
Let the decisions apart. The departmental head has got to relieve you as you have followed all the procedural aspects required of you and your departmental head had also nodded his head vertically and forwarded your proposal. Now he can not take a different stand and he is bound by his earlier decision. If he were to differ from it, he should have cogent and convincing reason and he has to record his reasoning. He has to record his his reasons for doing so. Neither he nor any force on earth, at this stage, can take away or abridge your fundamental right to choice of profession. You have to and will succeed. Best of luck in the new post.
