Solution for refusal to honour Offer of Appointment
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.
This is a clear case of breach of contract. There are 3 essentials for a valid contract:
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, 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. 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.
You can also send a legal notice 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.
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