Holding appointment letter after giving offer letter

Sir, How much time and cost shall the writ petition in High Court would take ?

It does not cost much actually, the court fees and filing etc would not be more than Rs.1000/-.  If the Advocate charges according to Bar council regulations it will not be more than 5000/- (his fees).  But you know it does not happen like that for various reasons, they do not work according to those regulations.  It depends on the lawyer that you appoint.  Reasonable is Rs.20000/-. 

How long does it take to get final judgement. and any other cost involved beyond the said amount of Rs.20,000-25,000. In how many calls the decision is awarded ?

You have posted that:

"At the end of every recruitment advertisement they used to write that "In case of any shortfall / material fact is detected during any stage of the selection process or even after the appointment the candidature of the concerned person would be deemed cancelled and he would be removed from the post"

You shall need to establish that there is no shortfall / material fact at your end and defect if any is with bank and its personnel. After thoughtful consideration of all facts submitted by you and scrutiny of documents produced by you, bank ordered you to deposit fee for medical exam, i.e. an amount of Rs.2400/- which you paid.

Do you have the receipt/receipt number of this fee paid by you?

You may discuss the matter with copy of all docs, record with the competent lawyer experienced in writ matters, chosen by you.

That amount is what appears reasonable to me.  I do not know what ADvocates would charge for you there, when you go.  Regarding time frame, it is difficult to say in court matters this is the period within which you will get final order.  However as your case is not much complicated, and both sides will present everything in first hearing itself, I think Writ Petition from your side and Reply from their side is enough for court to decide.  So it should not take more than a year.  Say, 6 months to one year roughly.

Can an applicant himself submit & defend his case in High Court on filing a Writ Petition (Mandamus) ? Can an applicant get his Writ drafted by expert lawyer located in some other city and file case himself in the high court of his area ?
 

Dear Sir, This is to bring to yours notice that yesterday when i made a acll to the HR bank of India in the morning then he told me that the decision of the management rem,ains the same and a letter has been sent to my communication address asking for presenting the NOC within 10 days and failure to do so will render my candidature cancelled. In response to this i wrote a detailed mail and asked the various questions from HR and threatened them to file a Writ petition in Bombay High Court. Immediately in next 10 minutes they called me up and requested not to file a writ petition and sent me an email which is as under : "With reference to yours request in the trailing mail, management has considered yours request favourable and the issuance of Appointment letter is in the process." They also made me a call again in the evening asked me about my satisfaction with this email. I expressed full satisfaction and asked the time by when the appointment letter of mine would be delivered to me then he replied that it would take around 10 days time period. Now i wish to have yours opining as to : 1) is there any twist in the email sent to me ?, Are they genuine in their email ? Are they really going to offer me job in next 10 days ? Have they really skipped the NOC ? KINDLY REPLY.

Nopw you are at the stage of asling as under :-

1) is there any twist in the email sent to me ?,

Ans : You yoursefl said that you told them of your intention of filing WP and they have taken "U" turn this itself is a twist.  In my earliest reply I said you have no right.  But now they appear to have conveyed the approval competent authrity to waive the NOC condition and you now have atleast limited vested right on the post that they are now bound by promissory estopple.

Are they genuine in their email ?

Ans : If you doubt authenticity of e-mail then reduce the same in writing quoting the e-mail and tele conversation quoting the promise you received.

Are they really going to offer me job in next 10 days ?

Ans : They are now bound by promissory estopple.

Have they really skipped the NOC ?

Ans : If now they are not insisting upon the NOC they may have waived it by approval of competent authority.  Certainly not skipped it.

Email received from their Bank's website is a valid proof to submit in Court.  Wait for 10 days, you will either get the letter asking you to submit NOC or the appointment letter.  The chance of getting appointment letter is 90%.  Nobody would play fun in these matters through Email belonging to Bank's website.

Thank you very much again. as informed, this email is given by the Senior Manager HR by his personal official email id i.e. (mr.xyz@bankofindia.co.in) and not through the general email id of HR i.e. recruitmentandpromotion@bankofindia.co.in. So is there any twist in it or should i insist on sendin the mail again through this email id only. kindly reply.

Gut feeling is you are thru, within the framework of rights with the bank. In case of any malpractice, you must get desired relief in court of law.

Till the time you receive the appointment letter, you should keep your fingers crossed.

You must place on record in writing under acknowledgment the tele scriptt of phone call received at your end mentioning phone number, date ,time, of call and name designation, department of calling person. If you have any reservations you may at least post the tele scriptt at the email id of the calling person. You must build favorable record.

The question arises what shall they do with the letter which they claim has been dispatched at your address for communication. Usually such letter shall be sent by redg/speed post. If this letter has not been dispatched you should see to it that it is not dispatched and a copy is not kept in your personnel file. At any stage you may examine your personnel file (applying your resources or by applying for permission) and if any adverse communication is found you may approach the good offices in writing under acknowledgment to cancel it or obtain a written communication that these notes/memos/letters stand withdrawn from your personnel file and record of the company. e.g.

--“"ask the candidate to provide NOC in next 10 days. failure to which would render his candidature cancelled."” i.e. remarks by senior of HR Head, must be struck off and removed in writing under confirmation to you..

--“decision of the management rem,ains the same and a letter has been sent to my communication address asking for presenting the NOC within 10 days and failure to do so will render my candidature cancelled.” This letter must be withdrawn in writing and the letter be removed from your personnel file in writing under confirmation to you.

This is for your own good in future.

The following comments are reiterated:

“It is also felt that employee should record such transactions if possible (audio/visual) and use at appropriate time in appropriate forum.”

“It is felt that you shall need more than just simple representations to obtain written comments favoring you from this HR and interview committee. You may try and apply exceptional levels of reasoning, persuasion, persistence, negotiation skills and obtain some written comments from them so as to resolve your matter within the organization and avoid litigation. Some one in the interview team may give some comment which may provide relief to you without any adverse effect on any one.”

It is also worth pointing out that in an organization personnel with HR/ /interview-selection committee/appointing authority/company secretary have some special and there is always a room to grant special decision in special circumstances. These personnel are not subjected to punishment in ordinary circumstances. Moreover decisions are taken so as no to allow a blot on these personnel.

However it is from experience that we can vouch that company can be cunning, shrude, resort to activities to buy time to look for escape routes and transfer the onus, and companies do not hesitate to create traps. Therefore it shall be good if you put the minutes in writing and record all transactions.

You must remain amiable and in touch. Today you need them to build your case in your favor and tomorrow you may be working with these guys.

Thanks for the advice. Furthermore i wish to mention the development which took place today and seek yours expert advice for thr future course of action.

   I am in receipt of the letter from Bank today which i was told on 14th may that it has been sent to my address on 10th may asking for submission of NOC in  7 days time period i.e.by 17th May/12; else my candidature stand cancelled.

I immediately made call to the HR of Bank today and informed him about the letter and asked him what to do now. Then i was told that a new communication via email has already been sent to me on 15th May in which it has been said that my request has been considered favourably by the management and the issuance of appointment letter is in the process, and as such this letter has no relevance.

I received the stated email on the 15th May itself and its receipt was also confirmed to the Bank telephonically on the same day.

You are requested to kindly advise me as to should i  rely on the words of these HR fellows and their e-mail or should i initiate some action on the basis of this letter received today. In order to check the genuineness of the email received i had replied it to the  sender HR with CC to CMD & GM (HR) on 16th May itself and they all are in posession of my this thanks email.

Kindly Advise.

You may submit a reply to the letter addressed to

1. The signatory on the letter

2. The signatory on the email dated 15th May

and narrate the minutes of latest discussion referred in latest post, and conclude that the verbal comments dated 17th May of Mr/Ms..........surmise the letter dated.......dispatched on 10th may has become redundant/ defunct as an effect of the email dated 15th May however it may kindly be put on record by an email so as to be received at your end within close of office hours today (17th may) and followed up by a letter thru redg/speed post, so as not to leave any ambiguity on record. You may mention that the letter in its physical shape, has been supplied to you on 17^th May and the deadline expressed in the letter is 17^th May and hence you are concerned and perturbed.

Follow up on phone, apply your skills and succeed to get the communication.

Once you are in, apply your skills and  succeed to get the refund of all telephone call bills, emails etc on record.

Valuable advice of learned experts .members is sought.

As i had already written an email to CMD, GM (HR) on 15th may after knowing in the morning from bank HR that a lette has been sent to me on 1oth, i feel sending another email on this topic will have a very negative impact of mine and the earlier provided waiver may get cancelled.

I had received a call from bank HR on 16th again requesting me not to send any further email on the said topic to anyone including CMD & GM HR as they have already considered my request positively and the issuance of appointment letter is in the process. I also agreed and informed them that the email has been forwarded by bank CSD dept to CMD and GM HR on 16th as it was in CC, and i didnt resend any message on 16th may.

Today also on phone HR told me that email was sent on 15th may and as such the prior communication i.e. letter sent on 10th may stands invalid and there is no need to worry and reply.

You are to be satisfied and  convinced with genuineness of the personnel interacting with you.

In case of foul play you seem to have enough evidence to agitate.

However you may now press them to issue, dispatch, and supply, the appointment letter to you say within 10 days from 15th May. You may cajole them to send you another email say after 2 -4 days reaffirming that appointment letter is dispatched/shall be dispatched  from their end in .........days time. If the bank takes too long you should have a reason to be perturbed.

However you may now press them to issue, dispatch, and supply, the appointment letter to you say within 10 days from 15th May. You may cajole them to send you another email say after 2 -4 days reaffirming that appointment letter is dispatched/shall be dispatched  from their end in .........days time . The company has a practice of sending such emails as confirmed by you in your post “HR on 16th and 24th April 2012 stating that my Appoitment letter would be despatched within 15 days. “ This shall not be unusual if Hr send you another email now.

If the bank takes too long you should have a reason to be concerned and  perturbed.