You can challenge the action by way of writ Petition.
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 3 years ago in Labour
10 Answers
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.
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.
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
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.
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.
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.
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)
Dear Sir,
You have valid grounds.You may approach CAT or High Court.
you can only move once you are covid negative in the above case
