• Job appointment case

I was working with a semi government company at Delhi.On the basis experience gained at my parent organization I have got selection at another govt PSU.i cleared every stage of recruitment I.e. written,interview and medical conducted by them. In result it was clearly written that I was found medical fit and selected for final appointment. I have got appointment letter where also it was written in bold letters that I'm medically fit.They asked me to appear with list of documents prepared at their head office on a date say 13th friday.in that list they asked me to resign from parent organization and get clearance and relieving order.I was ready with all documents to join on 13th and resigned from parent organization.In the evening of 12th after closing of working hours they mailed me that I'm medically unfit and appointment is cancelled.
Pls tell me what should I do?what could happen I fight in court?
Asked 7 years ago in Civil Law

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6 Answers

1) file RTI application as to on what basis you have been medically unfit

2) you can challenge the cancellation of your appointment before CAT

3) rely upon results that found you medically fit

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

If you are medically fit then you can challenge this decisison.

The cancellation of your appointment seems to be for any extraneous reasons.

If the new job is not physically demanding then your regular fitness is enough to make you eligible for this job.

Yesdo challenge the cancellation in writ petition before the high court.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hi

It is highly illegal and arbitrary on the part of the Government PSU to withdraw their appointment letter in the very last minute citing health grounds that too when their appointment letter clearly mentions that you have been found medically fit by the panel and all the more after they asking you to resign from your current organisation and provide relieving orders from your current organisation.

It is evident from your query that Civil Service rules (Central/State) has been grossly violated and abused by the appointing authority.

You can approach the Administrative Tribunal/ High court (Depending on the nature of PSU).

a) Orders for cancellation of revocation of cancellation letter and

b) Orders for commencement of employment (joining of service) effective 13th Friday with full pay, seniority etc and

c) Also claim compensation for undue stress caused to you

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1) it is better to appeal for remedical test in prescribed format

2) litigation si long drawn process and expensive proposition

3)accept the remedial test offer

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Did you receive any official communication that your candidature for employment is rejected due to your medical fitness?

Did you visit the office on the date of appointment and receive any communication in writing?

If yes, whether you have confirmed the information that why you have been suddenly declared medically unfit, when and for what reason.

Did you make any representation with the office management about this an got clarified the details as to why this decision was thrust on you.

Did you make any representation to the management i writing about this and made a request to permit or give you another chance to prove your medical fitness?

What was the response by the authorities for your written representation?

Did you consult a lawyer in the local who practices in service or labor law about this ?

You may give a gist of all the actions taken by you in this regard on the above lines or whatever you have initiated so far so that further advise can be given to proceed legally on this issue.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

I was declared medically unfit on the ground partial defective color vision.But the medical certificate on what basis they have cancelled appointment seems to be fake ,because it does not shows date of certificate/ medical examination anywhere.Also the printed name of recruitment advertisement no is also wrongly mentioned.

Now they are saying that submit your written acceptance of cancellation of appointment,though it was communicated at the last moment.and appeal for remedical test in prescribed format .

What should I do ?

If the medical report what they rely upon appears to be biased or intentional or fake or fabricated, then you should know the facts of the test that has been conducted on you.

You can even consult a expert doctor on this and obtain a certificate to this effect simultaneously to challenge the version of the authorities.

If all your attempts to the authorities to consider your candidature fails then you may resort to legal action by filing a writ petition before high court for the relief of ranting employment to you as per the tests and interviews conducted so far and also may plead that you are ready and willing to undergo any specialised medical examination once again if the authorities have ignored your such request.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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