• Cancellation of candidature due to non-reporting in stipulated time

Dear prudent advocates,

I am already working as ASO in central govt. Ministry. I was provisionally selected for the post of Auditor in one of the departments. I received offer of accetance on 14th october in which I was asked to submit my medical fitness/police verification. I conveyed my willingness and submitted the requisite docuemnts within stipilated time. Consequently, i was asked to join on 15th Jan 2021. However, due to being visually challenged and due to staying alone in Delhi, i sought extension for 2 months. I was given extension upto 15 Mar, 2021. 

However, during this time, I was diagnised with subretinal bleed in my retina. I asked for further extension of 1 more month and i was granted the same. During this time I finished the necessary formalities for my exit. However on 13th April, 2021 i was declared covid positive due to which i could not mo e out from Delhi. I reported the same to department on 17th about my health condition. In response I received a letter from department mentionig that my candiature has been cancelled. 

How can I move from Delhi to Hyderabad after being declared Covid positive. Please help me sirs. I want to join the department and conveyed my willingness already.
Asked 5 months ago in Labour

3 answers received in 2 hours.

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10 Answers

You can challenge the action by way of writ Petition.

Pooja Ashar
Advocate, Ahmedabad
215 Answers
2 Consultations

5.0 on 5.0

You have a genuine reason for not being present in Hyderabad. Therefore give a representation and if they do not respond file a writ petition in the high court.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

Send them another letter requesting you employer consider your case compassionately and allow you to join giving details of circumstances under which  you would not join.  If you request is not considered or no reply is received file a writ in High Court seeking reconsideration of decision to cancel you candidature. You will get order from High Court.

Ravi Shinde
Advocate, Hyderabad
1441 Answers
16 Consultations

5.0 on 5.0

You have already been granted 2 extension of time for joining 

 

2) if you are aggrieved by cancellation of your candidature file application before CAT and seek orders to set aside cancellation order 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

Hi,

It is suggested that you talk to your supervisor again and seek an extension on the joining date due to pandemic. Also, in Delhi there are various restrictions and being positive you cannot move anywhere. If you are found to be in violation and risking the health of others as well you can be penalized for the same. Hoping you recover soon.

Thank you. Please rate my answer if you found this helpful.

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

1) They give 2 months extension of time for joining

2) Additionally they give 1 more month

3) However, for cancellation of candidature, you can file an application with your Covid positive report in Central Administrative Tribunal.

Anuranjan Patel
Advocate, Patna
9 Answers

Not rated

The law permitting you to join on a deferred date was utilised by you twice hence the department would not have entertained your request for deferment for the third time.

However since the corona is a national pandemic and a special case, you may submit n application to the top brass of the organization with the documentary evidences to prove your genuineness  especially the corona positive details as evidence and request the authorities to set aside their order cancelling your candidature and pass on order to admit you based on the original appointment order.

If you do not get a favorable reply then you may approach high court with a writ petition seeking its intervention and to pass an order to accept your candidature and allow you to join the department concerned as per the original appointment order. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

You can once again approach the concerned department with the medical certificate from an authorized medical practitioner certifying that you are covid positive, and request to revoke the cancellation of the appointment. If the department is not ready to withdraw the cancellation, you can approach the Central Administrative Tribunal (CAT)

Muraleedharan R
Advocate, Trivandrum
26 Answers
1 Consultation

5.0 on 5.0

Dear Sir,

You  have valid grounds.You may approach CAT or High Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
5948 Answers
317 Consultations

4.8 on 5.0

you can only move once you are covid negative in the above case

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

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