chakri.aicwai at 11:17 a.m. on 08 Feb. 10
I HAVE APPLIED THROUGH PROPER CHANNEL TO ANOTHER PSU.MY PSU HAVE FORWARDED MY APPLICATION AND ISSUED NOC ON BEING SELECTED AFTER WRITEN EXAM AND INTERVIEW. THE NEW PSU ISSUED OFFER LETTER DATED 28/12/2006 TO ALL THE SELECTED CANDIDATES. I GOT THE LETTER AND SUBMITTED MY RESIGNATION ON 03/01/2007 AND SAME HAS UNDERGONE THE PROCEDURES OF RESIGNATION AND THE PSU RELEIVED ON 12/01/2007. AFTER USING THE JOINING TIME PERMITTED UNDER TRANSFER RULES- 6 DAYS -JOINED ON 18/01/2007.
THE NEW PSU HAVE SHIFTED MY INCREMENT AND ALSO HAVE NOT GIVEN ME FITMENT BENEFIT CITING THAT I HAVE REPORTED ON 18.01.2007 AND AS PER RULES ONLY CANDIDATES AS ON 31.12.2006 WILL BE ELEGIBLE FOR FITMENT BENEFIT.
I HAVE QUOTED THE RULE -FRSR AND CCS PENSION WHICH STATES THAT MY SERVICE IS CONTINOUES AS I HAVE APPLIED THROUGH PROPER CHANNEL.
I HAVE ALSO QUOTED Fundamental Rights-Equality of opportunity in matters of public employment ALSO stating that procedure delay of the PSU cannot be penalising me for not making me eligible to join the new psu. as i had to submit the proper relieving letter form earlier psu as per rules-and conditons of offer and it takes time.
kinldy help me in this regard
in the light of
Article 418 (b) [Now Rule 26(2) of Central Civil Services (Pension) Rules,
1972] elaborates the Word “resignation “and lays down that It will not be
taken as resignation of Public service. It runs as follows:
(b) Resignation of an appointment to take up with proper permission, another appointment, whether permanent or temporary, service in which counts in full or parts, is not a resignation of public service”
V.K. RAMA RAO AND ORS.Vs.RESPONDENT: NATIONAL BANK FOR AGRICULTURE AND RURALDEVELOPMENT THROUGH DATE OF JUDGMENT 14/12/1989 the Honorable Supreme Court
Ved Prakash Chaddha vs Union Of India, Through Secretary, Ministry Of Defence (Finance), New Delhi on 15/5/1999 JUDGMENT Onkareshwar Bhatt,
KINLDY HELP ME