legal Opinion regarding accepting Job Offer
Querist :
Anonymous
(Querist) 25 June 2011
This query is : Resolved
Respected Expert Members,
I have the dilemma which can be sorted out by your expert opinion
I am Allied health Professional working in Govt Sector on adhoc basis since 1998 (around 12 years). I used to get adhoc extensions from time to time on the recommendations made by my Departmental Head.Due to some reasons, the Secretary of the organisation refused to extend my services beyond 30.06.2010 despite of endorsement 15.09.2010 made by my HOD to extend my services and I was relieved from services vide their order dated 30.11.2010
Thereafter, I filed the case against the order before CAT and the order is reserved. During the arguments the Hon'ble Bench disagree with the contention of the employer and has remarked that it has crated stigma on the employee as endorsement has already been made by Departmental Head and the order is reserved
Now my problem is that I have not been paid since June 2010 (almost 1 year) and facing financial problems.If I accept any job offer in other organisation, whether it creates an hurdle in further prospects if the case I has gone in my favor?
What normally been suggested in such circumstances as I will have to wait for order or accept the offer in any pvt organisation? Currently I am unemployed
Tarun Thakur
(Expert) 25 June 2011
please post the CAT order. I need to go through that order. There must be something regarding back pay.
prabhakar singh
(Expert) 25 June 2011
wait for CAT order or accept the offer in any organisation?
Querist :
Anonymous
(Querist) 25 June 2011
Sir, If I accept the offer in any pvt organisation will not it be difficult for getting reinstate in the Govt Organisation?
Kirti Kar Tripathi
(Expert) 25 June 2011
No, it will not create any hindrance or hurdle in your future. However, you you will ne not entitle to the amount, equal to which you have earned during this period though another job.
Querist :
Anonymous
(Querist) 26 June 2011
Respected SIR, Whether the same is also applied for adhoc employees?
Normally if adhoc employee accepts other offer from other Pvt Organisation during the pendency of the matter, whether he still entitled for reinstatement with back wages?
Kirti Kar Tripathi
(Expert) 29 June 2011
The principle is same for all employees irrespective of their class and nature of job. so for as your second part of query regarding Ad hoc employees are concerned, legally ad hoc appointment are made against stop gap arrangement. Thus Ad hoc employee has no lien on the post or job but in some cases, due to applications of statutory provision are can claim protection of law. In that even if their termination is found illegal,they are entitled for reinstatement and back wages.
