• Re-employment

Can a dismissed or terminated employee in ESIC eligible for MP state govt and central govt job?
Asked 7 years ago in Labour

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16 Answers

No.The reason is that the "dismissal" brings permanent "disqualification for future employment" either in Government or in Public Sector Undertakings. There is a distinction between "removal and dismissal". Dismissal does bring the permanent disqualification, whereas the removal does not.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Sir if once person is terminated from a government job state or centre he or she is not eligible for government job after that.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

if you have been dismissed from ESIC chances of being employed by state govt are bleak

2)dismissal" brings permanent "disqualification for future employment" either in Government or in Public Sector Undertakings.

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

Rule 11 of CCS(CC&A) Rules

(vii) compulsory retirement;

(viii) removal from service which shall not be a disqualification for future employment under the Government;

(ix) dismissal from service which shall ordinarily be a disqualification for future employment under the Government.

Provided that, in every case in which the charge of possession of assets disproportionate to known-source of income or the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (viii) or clause (ix) shall be imposed :

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

The rules of employment and punishment of government services states that if there is dismissal then such person is not eligible for the applying for government services,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It does not apply to all the government job.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

However the employment terms of the department where you will be applying might bar you from bein eligible.

Generally you are not disqualified.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Client,

Answer in negative, right of employee dose not seize with termination from one organization.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

ESIC rules will prevail over ESIC job, non other.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

if you have been dismissed from service you would not be selected for any govt jobs

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

ESIC staff regulations has to be referred though if the dismissal from autonomous body is there even then the person shall not be eligible for the government job.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sir, don't confuse it depends how the interview board take it up, sometimes when a case come-up before them they took the gravity of charges in consideration so think it and apply don't worry.When you have already given the punishment then why to go further.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

I do not think that the disqualification will apply 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dismissal is when your employer ends your employment - they don't always have to give you notice. If you're dismissed, your employer must show they've: a valid reason that they can justify. acted reasonably in the circumstances.

Dismissal does bring the permanent disqualification, whereas the removal ... employee is permanently disqualified for future employment.  There is a distinction between "removal and dismissal". Dismissal does bring the permanent disqualification, whereas the removal does not. 

 

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

But it is written that dismissal is permanent disqualification from corporation.It is not written it applies to all govt jobs

Dismissal from services- This is severest punishment which bars an employee to get future employment in the same establishment b Discharge- Termination of services which does not bars the employee to get future employment in the same establishment, if he is otherwise eligible c- Removal- the termination of service though on account of punishment but without casting any stigma on the employee

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

ESIC is governed by ESIC staff regulations 1959.It doesn't follow CCs conduct rules.It is not a govt job.It is autonomous.Will the disqualification apply to pure govt jobs.

Dismissal from services- This is severest punishment which bars an employee to get future employment in the same establishment

right of employee dose not seize with termination from one organization.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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