1) it is at discretion of govt to extend joining period
2) since as per rules only one month extension can be granted you would not be given extension of 2 months
Department not providing me time extension for joining
I am working in a Public sector company and with a experience of this company i have selected through UPPSC in Technical education department of Uttar Pradesh. After receiving my joining letter from education department which have validity of one month, i wrote a letter to department for time extension of (30 days joining time +70 days extension demanded) days due to my proper relieving from my present company ( letter wrote and reached before validity expire of my joining letter). But department given me a time extension of only one month and letter of time extension reached to me just before 05 days of extension period over and it was created 09 days before the end date of time extension. Again i requested for time extension then department replied that it can not be possible due to shasnadesh of UP Government which define that maximum one month period can be grant after one month of joining period. Please suggest and guide me what should we can do now for my joining....
Asked 6 years ago in Labour
16 Answers
Please provide me any suggestion before legal action, if possible... If not possible then what is legal action is possible and minimum how much time required...
Asked 6 years ago
You need to challenge the same in writ petition before high court and take direction for the same
Extension demanded by you is out of bounds of the department concerned so when before sufficient time the letter delivered to you and they are ready to extend one month period I think you should adjust with the present department if you have applied through proper channel.
You cannot get extension as a matter of right, you can give joining and than take a leave. Have you submitted your experience certificate ? Or on the basis of appointment in PSC, your experienced is count ?
Govt. order(shasnades) cannot be challenge or questioned or take leave in present PSC and join the next.
You should file writ petition in high court and seek directions . Earlier high court have granted relief in such cases.
Dear sir,
Before initiating any legal proceeding it will be beneficial for you to serve the government a legal notice and if they don't initiate any suitable action, you can file a writ to the Honorable high court.
You can contact me for consultation, if any.
Regards,
YUGANSHU SHARMA
ADVOCATE
it does not make sense in going to court over the issue
rules of joining are clear
you cannot be granted more than one month extension
In your case a representation should be given to the education department and requested that they extend the time period. A request for that particular GO should also be asked.
IN case they do not respond then file a writ petition in the high court.
Regards
you have two options:
1. join the job
2. approach the High Court for getting immediate relief of time extension
You can do a lot. Sue your present employer for not issuing releiving order witinin a reasonable time. And claim compensation for any loss or injury thay may cause to you due to above.
These are legal steps that you can take if entire situation goes extremely hostile againt you.
NOW some simple way of handling the situation
Give a legal notice immediately by electronic mode like fax email whatsapp due to shortage of time. Mention clearly to issue releiving order immediately by return mail as you need to join new job. Also write you shall remain liable to pay up for any unserved notice period if any. Failiing to issue the order you shall be compelled to take legal recourse at their cost and risk.
Now i advise you to join the new company immediately without having the releiving order issued. This would not be illegal because of resignation is an unilateral act on part of an employee which brings the employment relationship to an end with immediate effect.
In case of any difficulties consult with some good lawyer.
In these circumstances, you may approach central administrative tribunal or High court for a direction for extension of time.
Hello,
You can talk to them mutually and ask them to settle the matter and if they do not agree for then only remedy left for you is to approach the High Court.
regards
You will have to approach the High Court and challenge the government order which says that only one month extension can be given and further you will have to request the court to Pass appropriate direction as required by you
You have to once again represent to the competent authority requesting deferment of joining by so many days owing to the delay in relieving the formalities by your employer and can even attach a letter from your employer to this effect and humbly request for extension./deferment. You can either send this letter by registered/speed post or hand it over in person and have a meeting with the concerned official and request for deferment by convincing your reason, which may be accepted if you are in person before the concerned authority.
You cannot take any legal action if the authorities refuse to accept you request for deferment.
The authorities may cancel your candidature and refuse to accept your request even if you approach high court with a writ petition.
High court generally do not interfere in the policy decision of the government in all such cases until and unless there is an exceptional ground by which you are in an unavoidable position, but high court has o be convinced about your genuineness, instead of fighting with your new employer why dont you fight back with your current employer on this since you have already obtained NOC for joining the new job.
Dear Client
If there is rule for extension of one month from the date of joining then you can't get extra time for joining. So you should join the department before joining date.
