Aksh Vardhan vs.karur Vysya Bank Ltd. And Anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1213238
CourtDelhi High Court
Decided OnMar-05-2018
AppellantAksh Vardhan
RespondentKarur Vysya Bank Ltd. And Anr.
Excerpt:
* + 1. in the high court of delhi at new delhi date of order: march 05, 2017 w.p.(c) 2023/2018 & cm83832018 aksh vardhan ........ petitioner through: mr. shubham gupta and ms. prerna gupta, advocates versus karur vysya bank ltd. and anr. .....respondents coram: hon'ble mr. justice sunil gaur through: nemo order (oral) the grievance of petitioner is that upon being relieved on 17th february, 2018, he has not been issued experience certificate despite his request (annexure p-9) made to first respondent on that very day i.e. 17th february, 2018.2.... petitioner’s counsel submits that petitioner upon his selection as credit officer in respondent no.2-bank had to join on 31st august, 2017. attention of this court is drawn to email communication of 24th november, 2017 (annexure p-7) [received by petitioner from second respondent]. to show that the time for joining has been extended till 1st march, 2018 and that the experience certificate is an essential pre- requisite to permit petitioner to join respondent no.2.3. learned counsel for petitioner submits that petitioner had personally met the chief manager of respondent no.1, who had stated that he would discuss the matter of issuance of experience certificate w.p.(c) 2023/2018 page 1 of 3 with the chief general manager, but there is no proper response from first respondent. learned counsel for petitioner submits that after filing of the writ petition, a sketchy certificate of 19th february, 2018 has been received from first respondent, which cannot be said to be an experience certificate. attention of this court is also drawn to afore-referred email communication (annexure p-7) to point out that the requisite experience certificate has to be of the credit exposure exactly as per the second respondent’s recruitment notification, otherwise petitioner’s candidature would be cancelled.4. despite service of advance notice, none appears on behalf of respondents.5. upon hearing and on perusal of the material on record, this petition is disposed of with direction to first respondent to detail the credit exposure of petitioner in the format of experience certificate, which is as under: - “ annexure-ii format of experience certificate (on letter head of the company/organization) is to that shri certify / kumari this ...............................................joined this organization as..................................... (designation/post held) on............................ (date of joining). the details of his/her employment with us are as under: smt services of / the period from period to designation nature of duties performed (clearly define the duties relating to the applied post as w.p.(c) 2023/2018 page 2 of 3 mentioned the recruitment notification) in name............................... designation and department............................... rubber stamp date: place: note: the certificate on the above format should be issued by the competent authority on the letterhead of the company / organization and a copy of appointment letter from the said company / organization should be attached.” let the experience certificate be issued to petitioner in the 6. aforesaid format within a period of two weeks from today and second respondent shall accordingly extend the joining time of petitioner till 30th march, 2018 to facilitate the furnishing of the experience certificate in the required format. the respondents be apprised of this order forthwith.7. with aforesaid directions, this petition and the application are disposed of. dasti. march05 2017 s w.p.(c) 2023/2018 (sunil gaur) judge page 3 of 3
Judgment:

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: March 05, 2017 W.P.(C) 2023/2018 & CM83832018 AKSH VARDHAN ........ Petitioner

Through: Mr. Shubham Gupta and Ms. Prerna Gupta, Advocates versus KARUR VYSYA BANK LTD. AND ANR. .....Respondents CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Through: Nemo ORDER (ORAL) The grievance of petitioner is that upon being relieved on 17th February, 2018, he has not been issued Experience Certificate despite his request (Annexure P-9) made to first respondent on that very day i.e. 17th February, 2018.

2.... Petitioner

’s counsel submits that petitioner upon his selection as Credit Officer in respondent No.2-Bank had to join on 31st August, 2017. Attention of this Court is drawn to email communication of 24th November, 2017 (Annexure P-7) [received by petitioner from second respondent]. to show that the time for joining has been extended till 1st March, 2018 and that the Experience Certificate is an essential pre- requisite to permit petitioner to join respondent No.2.

3. Learned counsel for petitioner submits that petitioner had personally met the Chief Manager of respondent No.1, who had stated that he would discuss the matter of issuance of Experience Certificate W.P.(C) 2023/2018 Page 1 of 3 with the Chief General Manager, but there is no proper response from first respondent. Learned counsel for petitioner submits that after filing of the writ petition, a sketchy certificate of 19th February, 2018 has been received from first respondent, which cannot be said to be an Experience Certificate. Attention of this Court is also drawn to afore-referred email communication (Annexure P-7) to point out that the requisite Experience Certificate has to be of the Credit Exposure exactly as per the second respondent’s recruitment notification, otherwise petitioner’s candidature would be cancelled.

4. Despite service of advance notice, none appears on behalf of respondents.

5. Upon hearing and on perusal of the material on record, this petition is disposed of with direction to first respondent to detail the Credit Exposure of petitioner in the format of Experience Certificate, which is as under: - “ ANNEXURE-II FORMAT OF EXPERIENCE CERTIFICATE (ON LETTER HEAD OF THE COMPANY/ORGANIZATION) is to that Shri certify / Kumari This ...............................................joined this organization as..................................... (Designation/Post held) on............................ (Date of joining). The details of his/her employment with us are as under: Smt services of / the Period From Period To Designation Nature of duties performed (Clearly define the duties relating to the applied post as W.P.(C) 2023/2018 Page 2 of 3 mentioned the recruitment notification) in Name............................... Designation and Department............................... Rubber Stamp Date: Place: Note: The certificate on the above format should be issued by the Competent Authority on the letterhead of the company / organization and a copy of appointment letter from the said company / organization should be attached.” Let the Experience Certificate be issued to petitioner in the 6. aforesaid format within a period of two weeks from today and second respondent shall accordingly extend the joining time of petitioner till 30th March, 2018 to facilitate the furnishing of the Experience Certificate in the required format. The respondents be apprised of this order forthwith.

7. With aforesaid directions, this petition and the application are disposed of. Dasti. MARCH05 2017 s W.P.(C) 2023/2018 (SUNIL GAUR) JUDGE Page 3 of 3