Avinash Kashyap
in Civil Law
Asked May 08, 2017

Threaten to terminate job

  • 2 Answers

I have filed a case in C.A.T Principal bench Delhi and the subject is recruitment. Recently after my completion of two years my probation got extended due to obvious reason of court..then as per department policy I applied for compassionate ground transfer to native place but HOW straight away not considered so as per rules I have sent letter to immediate superior to HQ through online grievance portal. my ground for transfer is that I am posted in Chennai and not eligible to play cricket in Chennai & department doesn't have cricket team because as per BCCI rules so am only eligible to play in my native place. But yesterday my HOE called me and threatend me that he is going to reply to HQ and he will write recommendations for termination of my services. I would like to ask can department do that termination? Because this recruitment case is still pending in C.A.T principal bench from last year. I have filed a case to transfer me to sister department in same ministry where team is available. And from last 2 years am facing harassment & partiality among other sports person they are playing because department have other sports teams and they promoting sports person except me. Now can they terminate my service without any offence.or he just given threaten call?

Answers 2




Dear Sir/madam,

You need to understand one thing that writing down an application for transfer to a native place is not a prerogative of the employee until and unless a promise is made otherwise. Rather, it is an option available to the employee and considering it or not considering it – is the decision of the employer. Further, the employer can always take defence of the contract that you signed with the organisation at the time of appointment into the job. Read the terms and conditions of the contract carefully. See if there are any stipulations related to your concern. We are suggesting you this because if there are any such stipulations then they curb down your right to take an action against such a cause.

Had you brought up the point - “as per BCCI rules so you are only eligible to play in your native place” at the time or during the appointment procedure was going on – your stand would have been justified. They might come up with a stance that you are managing things at your end since the last 2 years then what seems to have changed, all of a sudden.

A justified case can be levelled against the organisation on the grounds of harassment and partiality among other sports person.

Termination of service on disciplinary grounds or with other justified reason is valid and any organisation is very well capable of doing so. But, definitely not on such a silly ground of seeking transfer. Plus, they will have to serve you a mandatory notice of let’s say 30 days, before terminating your services. Also mentioning, you are on an extended probation basis i.e. on temporary service – which stops you from availing the facilities available to those who hold a permanent job letter.

Termination and Case pending before the hon’ble court – these are two things which can be tricky at times. For this, one needs to observe carefully the nature and the basic motive behind institution of such a suit alongwith the issues framed.

Agree Comment 0 Agrees over 4 years ago

File interime application and get interim order restraining your employer from terminating your services with due course of law.

Agree Comment 0 Agrees over 4 years ago

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