ram prakash singh
Asked August 15, 2016

Solution for refusal to honour Offer of Appointment

  • 2 Answers
  • 313 Views

hello sir, I ram prakash singh completed each and every process of recruitment in 508 Army base workshop Allahabad for the post of Engineering equipment mechanic highly skilled-II .After that 508 ABW gave me the " offer of appointment"for joining ,when i reached their office for joining they refused to join me and told me that i am btech and they need a bsc. When i wrote a complain letter in response of that letter they send me rejection letter. On 8 th aug 2016 i send a RTI letter and on 12 aug2016 they call on my mobile no and called me in ABW office for meeting with commandant . when i went to 508ABW on 13 aug 2016 they tried to console me and demanded for RTI withdrawl. i need your suggestion that what legal action i can take against them.

Answers 2

This is a clear case of breach of contract. There are 3 essentials for a valid contract:

  • Proposal. According to S. 2(a) of the Indian Contracts Act, 1872 [1]proposal refers to the willingness of a person to do something, with a view to obtaining the assent of that other person. The appointment letter sent by ABW indicates an offer on the part of ABW, signifying its willingness to recruit you as an employee, with a view to obtaining your assent for the same.
  • Consideration. Consideration is an act by the promisee, in accordance to the desire of the promisor or the proposer, in accordance to S. 2(d) of the Contracts Act[2]. In this case, your act of reaching the office for such joining is an act done by you, in accordance to the implied desire of ABW, recruiting you. Hence, a valid consideration too exists in this case.
  • Acceptance. As per S. 2(b) of the Contracts Act[3], when the person to whom proposal is directed, signifies his assent, it is referred to as acceptance. In this case, your physical presence for joining the office is a direct significance of your assent to the extended proposal.
  • After the completion of all these steps, a contract can be said to have completed between you and ABW. ABW is receding from its proposal after communication of your acceptance; this is prohibited as under S. 5 of the Contracts Act[4], which lays down that revocation of proposal is acceptable before the communication of acceptance as against the proposer, but not afterwards. Communication of acceptance as against the proposer is complete as soon as such communication is initiated by the acceptor, as provided by S. 4 of the Contracts Act[5]. In this case, thus stage has far been crossed and hence, ABW cannot revoke its proposal.

    The major clause of the contract being your appointment, you can file a civil suit against ABW on grounds of breach of contract. You can demand compensation for the damage or injury caused by such breach under S. 73 of the Contracts Act[6].

    You can also send a legal notice[7] to ABW, before initiating such court proceedings. This would serve the purpose of indicating that you are willing to take legal action against it if your demand is not fulfilled and as a result ABW may show cause or may formally respond to your RTI.

     

     

     

    [1] Available at: https://indiankanoon.org/doc/831280/

    [2] Ibid.

    [3] Ibid.

    [4] Available at: https://indiankanoon.org/doc/931937/

    [5] Available at: https://indiankanoon.org/doc/1332830/

    [6] Available at: https://indiankanoon.org/doc/339747/

    [7] Format available at: http://www.affidavitformhub.com/legal-notice-format/.

    Agree Comment 0 Agrees about 1 year ago

    Default avatar
    Divya Maheshwari
    As per the eligibility criteria for the post, a candidate should have received ITI certificate from a recognized Industrial Training Institute in the respective trade or grade. The eligibility criteria does not mention that a person with Btech will be disqualified. Therefore from the facts given by you are eligible for the post. Further, after giving the the appointment letter for joining they are obliged to take you. As long as you fulfill the eligibility criteria for the advertised in the employment notice they cannot cancel your appointment on this ground. (I.G. (Karmik) & Ors. vs. Prahlad Mani Tripathi, : 2007 AIR SCW 3305).According to section 5 of Indian Contract Act, 1872 a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. Since you accepted the offer and were ready to join the job. They couldn’t revoke the acceptance afterwards. Quite often with government appointment letter there is a clause which gives the freedom to the appointing authority to withdraw the appointment without any notice.. study your appointment letter if it has any provision like that if not then the withdrawal will be illegal. Giving of rejection letter is after the proposal has been accepted and that won’t be valid. And offer of appointment is only given after the candidate is eligible. The action of the officials trying to console you and pushing you to withdraw the RTI seems suspicious. It is advised that you must continue with your RTI application and try to find out the eligibility criteria for the post. If there is no sufficient ground for the withdrawal of the appointment letter you can file a suit against the recruiting body.
    Agree Comment 0 Agrees about 1 year ago

    Please Login or Register to Submit Answer

    Do you have a Will?
    Why not create one now for free in under 10 minutes!

    Get started now