Merely because candidate has worked for 5 years is not a ground to set aside order of termination
the issue would be whether candidate at sr no 1 was wrongly appointed
if so his services can be terminated
Selection for a government job
Our organization-a government society in UT of J&K advertised one position in the year 2015, after going through proper selection process, the selection committee recommended the selection of a candidate and recommended that if selected candidate doesn't join, the position may be offered to next candidate and if the organization feels the requirement of another person, the same was recommended to be provided to the S. No 1 of waiting list as the positions were available in the institute. Subsequently, the candidate joined and the institute appointed the candidate and also recruited the S. No 1, after three months. The candidate put in mandatory 2 years of contractual service and was regularised in 2018. The government conducted an audit in 2020 and there is an apprehension that S. NO 1 so recruited will be terminated. What's the legal position given the fact that the person is working since last five years and also the person has foregone the opportunities in other organizations during this period.
Asked 5 years ago in Labour
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12 Answers
The selection of the candidate was recommended by the selection committee as the rules of the institute provide for selection from the panel for one year. The basic premise is, since the institute had advertised only one post but selected two on the basis of recommendations of selection committee. The candidate otherwise fulfilled every eligibility criteria to hold the post and the selection was recommended by selection committee.
Asked 5 years ago
If the recruitment is illegal or contrary to the regulations, why did not the organization initiate any action to either ratify this recruitment or terminate the service of the newly appointed employee.
If in case you are terminated you may approach CAT or SAT with an application for reinstatement and for full service benefits.
If the decision of the tribunal is not in your favor you may approach high court with a writ petition seeking relief and remedy.
It is certainly not the fault of the candidate.
He was selected by the committee on merits and not due to any pressure flouting the law or regulation.
You may adopt legal measures as suggested in my previous post if your employment is terminated.
Please invoke Extraordinary Jurisdiction of High Court for the writ of Mandamus directing the institution and the Government for explanation of termination of Sr. 1 who was recruited as per the rules and regulations set up by the competent authorities under the law.
What's your question?
When the selection committee said that the person next to the person who joins is to be appointed and he was in fact appointed as he was recommended.
He was regularised too. The appointment letter has to be seen but from you have stated, it seems that he was regularised and hence he cannot be terminated arbitrarily.
Although tge institute had advertised 1 post the vacancy can increase after notification and an organisation has every right to appoint mor than 1 from the list of successful candidates ie on the waiting list.
Advertise t was only for one post
the appointment of second candidate although as per recommendations of selection committee is unsustainable as only one post was advertised for
Dear Sir/Madam,
You are suggested not to worry at all and you may challenge any adverse action in the High Court by way of WRIT Petition.
No fault of the selected candidate so file a writ immediately for the relief otherwise they will not do anything,their action is wrong and liable to be challenged.
This is right procedure. When selected candidate do not join, position offer to next candidate who may be in main list of waiting list.
Priority will give to next candidate in main list and if also do not join than waiting list will operate.
File writ petition against government for illegal termination after 5 years of regular service without any reason against employee.
