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Question Appeal for Reinstatement

BALOT
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5 years 6 months ago - 5 years 6 months ago #1556 by BALOT

BALOT created the topic: Appeal for Reinstatement

Nag file po ako ng appeal for reinstatement last March 2018. Regular po ako ngfa follow -up thru phone calls, txt messages and pumupunta din sa office. Ung huli ko pong follow up is last August thru registered mail. Hanggang ngaun wala pa sagot sa status ng appeal ko. Ask ko lang po, gaano po katagal actionan ng isang agency ang ganitong case. And kailan ko po pwede dalhin to sa CSC NCR pra mabigyan pansin at action.

Last Edit: 5 years 6 months ago by BALOT.

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Action Officer 21
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5 years 5 months ago #1564 by Action Officer 21

Action Officer 21 replied the topic: Appeal for Reinstatement

Please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of court litigation or appeal before it. This is especially so if the material facts necessary to a judicious adjudication of the issues are not fully presented or substantiated as in this case.

Moreover, owing to the absence of particularities from which we can properly address your concern or suggest more specific rules or provisions of law, your attention is referred to the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS) specifically to the rules providing remedies in disciplinary and non-disciplinary cases.

As to the period within which the agency shall act on your appeal, it is suggested that you address your concern to that agency which is in a better position to resolve your issue since it has the exclusive jurisdiction over your appeal.

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Action Officer 21
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5 years 5 months ago #1565 by Action Officer 21

Action Officer 21 replied the topic: Appeal for Reinstatement

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BALOT
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5 years 5 months ago #1566 by BALOT

BALOT replied the topic: Appeal for Reinstatement

Based on Rule 10 of the 2017 ORA OHRA, resignation is revocable unti accepted.

I submitted my resignation on Jan 31 with effective date of Feb 28 and retracted it on Feb 2.
On March 1, on my way to work I received a text message from an officer of the Personnel Division that may resignation is effective that day (March 1) based on a note on my letter of retraction forwarded to Personnel Division on February 28/6pm. And was dropped from the payroll, I did not receive my salary on March 7.

I filed an appeal on March 9 on the approval of my resignation.

On May 10, I received the Notice of Acceptance which was deemed accepted on Jan 31 by my immediate Supervisor.

Question/s:

1. Who will decide on this matter? Is it Personnel or Legal? I addressed my appeal to the Office of the Undersecretary for Legal Affairs (by the way this is the Office of my Immediate Supervisor). The Office of the Undersecreatry for Legal Affairs forwarded it to Personnel then Personnel forwarded it to Legal.

2. Can I file a complain in your office instead of filing an appeal in my Agency. I believe that I was deprived of my right to due process on this matter.

3. Considering that I regularly follow up on the status of my request, it's been almost 7 months and can't even provide a status. What are my other options?

It's hard losing your job unexpectedly and was not prepared for it and thus has affected me financially and emotionally.

Thank you

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Action Officer 5
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5 years 5 months ago #1584 by Action Officer 5

Action Officer 5 replied the topic: Appeal for Reinstatement

Dear Mr. Balot:

Decisions on issues involving non-disciplinary personnel actions such as an appeal for reinstatement should be issued by the agency’s appointing authority.

You represented in your query that your appeal for reinstatement is currently pending for resolution at your agency. Considering that the decision that will be rendered by the appointing authority of your agency may be elevated by way of an appeal to the Commission, we find that rendering an opinion on your case at this time would be premature.

We hope that we have enlightened you on this matter.

Thank you.

Action Officer 31

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BALOT
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5 years 3 weeks ago #2975 by BALOT

BALOT replied the topic: Appeal for Reinstatement

In relation to the query above, what are my options po para aksyonan nila appeal ko? Isang taon na po na wala ako narrcv na feedback regarding dun. What if ayaw nila aksyonan talaga? I heard pinasa nila sa csc for opinion. gaano po katagal mag issue ng csc ng opinion sa kanila? makakakuha ba ako ng copy ng opinion ng csc? salamat

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