I am presently working in government institutions with 4600 GP post.i had got offer of same 4600 GP post in grant aid institute under department of atomic energy government of India.Due to some personal problem i fail to join after 3 time extension period (approximately 4 month ) .In last conversation they sent a mail if you fail to join within stipulated time your offer letter will automatically cancel then also I didn't join, after that i got cancellation of offer letter once again i requested kindly revise my cancellation letter and give me fresh date but they respond me that now there is no chance to get offer letter back according to rules and decision of higher authority and even they said if you have any government circular , letter or supporting documents regarding review of offer letter after cancellation then show us we will see. My queries is as follows 1.Is there any route to get offer letter back after cancellation .? 2.Legally is there any circular , letter or supporting documents to revise cancellation of offer letter,if it is there kindly send me. 3.Kindly show me the way to get that offer letter back. Please kindly advise me on humanity basis and give me best response with supporting documents in order to fight with them Regards Mr.Arun
You have not given any reason for not joining even within the extended period.
You have to apply to the competent appointing authority with genuine reason for re-issue of offer letter.
It is the discretion of the competent authority to decide on it at this stage. Legally you may not be eligible for this privilege
You cannot get offer letter after cancellation
You had got 3 extensions to join govt service
You were informed that of you do not join offer letter would be cancelled
Since you did not join govt was justified in cancelling offer letter
OFFICE MEMORANDUM
Subject: Candidates recommended by the UPSC/SSC for
appointment to Central Civil Services and the post- delay in
joining revival of offer of appointment after their
cancellation - determination of seniority.
.......
The undersigned is directed to say that according to DP & T O.M.No.9/23/71-Estt.(D) dated 6.6.78 (copy enclosed) an offer of appointment issued by different Ministries/Departments, should clearly indicate that the offer would lapse if the candidate did not join within the specified period which shall not exceed two or three months. If, however, within the period stipulated, a request is received from candidates for extension of time, it may be considered by the Ministries/Departments and if they are satisfied, an extension for a limited period may be granted but the total period granted including the extension during which the offer of appointment will be kept open, should not exceed a period of nine months.
2. The Staff Side of the Departmental Council (JCM) of DOP&T have demanded that direct recruits may be allowed a maximum of three months for joining instead of nine months provided for in the O.M. under reference so as to avoid delay in preparation and issue of select/seniority list. The matter has been examined in consultation with the UPSC and it has been decided to reduce from nine months to six months the maximum time upto which an offer of appointment can be kept to open. In other words, an offer of appointment should clearly specify the period (which shall not normally exceed one or two months) after which the offer would lapse automatically if the candidate did not join within the specified period. If however, within the specified period, a request is received from the candidate for extension of time, it may be considered by the Ministries/Departments but extension beyond three months should not be granted liberally and it may be granted only as an exception where facts and circumstances so warrant and in any case only upto a maximum of six months from the date of issue of the original offer of a appointment. An offer of appointment would lapse automatically after the expiry of six months from the date of issue of the original offer of appointment.
3. Subject to the above modifications the he other provisions contained in the OM dated 6.6.78 should be followed scrupulously."
1. you should file a mandamus writ for extension of or re-issuance of offer letter.
2. an aided institute established under department of atomic energy government of India is a state under article 12 of the constitution of India hence writ is maintainable.
3. according to rule of fair and reasonableness enshrined under article 14 of the constitution you can take plea that due to some exceptional reason you did not join, there is no mala fide intention and you have been willing to join.
4. those exceptional conditions should be such to show that they were not in your control like you are abide by any clause of the service rule where currently you are working or nature of the work required that no to leave job at that stage etc....
