• Vacancy creation

My question was regarding recruitment rules and vacancy creation in public sector banks and central government bodies,When a request transfer application was in a waiting list for a particular vacancy... with out considering the request,can the management will exercise direct recruitment for that particular vacancy.
Asked 4 years ago in Labour

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3 Answers

Hi, it is advisable to approach high court and file a writ for seeking relief from the government body

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Recruitment Rules are rules notified under proviso to Article 309 or any specific statutes for post(s) prescribing inter alia the method of recruitment and eligibility for such recruitment. It contains notification part having substantive rules and schedule part (as per prescribed Annexure-I). Recruitment Rules are subordinate legislation and so, they are statutory in nature.

The legal position is that the posts are to be filled up as per the eligibility conditions prescribed in

the Recruitment Rules in force at the time of concurrence of vacancies unless the Recruitment Rules are amended retrospectively. The practice has however been to give effect to the Recruitment Rules prospectively.

The different methods of recruitment are:

(a) Promotion

(b) Direct Recruitment

(c) Deputation

(d) Absorption

(e) Re-employment

(f) Short-term contract

Direct recruitment is the recruitment which is open to all candidates, eligible as per the provisions regarding age, educational qualification/ experience etc. as prescribed in Recruitment Rules.

for more detail contact any advocate

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Request transfer vacancy is different to that of the recruitment vacancy.

The bank will go by its recruitment policy separately without considering the pending transfer petition.

If aggrieved you may make a proper representation to the higher authorities through proper channel and exhaust the remedies available within.

After that if the problem still persists then you can plan legal action in furtherance for relief.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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