Legal Question in Education Law in India

validity of the agreement

I had signed an agreement with an govt organisation .

They would sponser for my higher studies with a montly stifend and after I complete ,I had to work in another educational Institution,(the institute where I have to work is specified in the bond ),for three years on a particular scale of pay .if i fail , i had to pay back my stifend with interest.There was also an agreement between the govt org. & the educational institute that it would employ me for three years on the pay of scale specified .

The problem is ,

Now I have completed by studies , the educational institute where I had to work has refused to employ in the post given in the bond .They have asked me to join in a lower post with a lesser pay than that agreed in the bond.I have informed the govt org. about it,received no reply from them I have not yet joined in the lower post.

I will be grateful for your advise in the following points.

a) Do I have to take up the lower job , If I don't will it be against the agreement I had signed?

b)Can the govt org ask me to work in another educational institute? (Such a statement had not been made in the agreement).If i am asked to do so,should I have to work in any other institute specified by the govt.org.


Asked on 4/06/02, 2:52 am

2 Answers from Attorneys
Satish Maheshwari Vakilbabu

Re: validity of the agreement

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards and happy new year

Satish Maheshwari.

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Answered on 4/06/02, 8:20 pm
Bimal Bhaskar Bimal.B.Bhaskar

Re: validity of the agreement

Dear Sir,

From your narration of the facts I learn that there is no privity of contract(direct contractual relationship) between you and the Educational Institution where you were supposed to work.

The contractual stipulation in that regard was contained in the contract between you and the Govt Organisation, which provided for employment in a particular post with specific pay in the Educational Institution concerned.

The Educational Institution was not a party to that agreement/bond.

Therefore, what follows from the above, is that the Educational Institution has no contractual right(direct contractual relationship with you) to directly ask you to join in a lower post.

The Govt Organisation which has the right to ask you to join in the post given in the bond (depending on the language of the contract betweeen you and the G.Organisation)ought to make the post with the specified pay in the specified educational institution available to you. Which it obviously has failed to do.

Also,(again from your narration of the facts) the G.Organisation has NOT asked you to join in the lower post.

They,(G.Org)also have no contractual right to ask you to join in the lower post as per the terms of your contract/bond with the G.Org(as narrated by you).

Therefore, it follows (from the narration of the facts by you & subject to the actual terms of contract betweeen you and the Govt.Org)that the Govt.Org has no contractual right to make you work in an institution not specifically stipulated in the contract between you and the Govt.Org.

(Disclaimer: This is free advice given to you purely on the basis of the facts narrated by you in the query. You are advised to get in touch with an Advocate/Lawfirm/Certified Legal Counsel closest to you for further legal advice/legal help before you take any further action. This does not constitute a legal opinion nor has it been rendered on the actual personal verification of all the material facts. You may, if you like,personally get in touch with the undersigned with all material documentary record for a detailed discussion in the matter.

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Answered on 4/07/02, 11:34 am


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