1) you have sufficient evidence of delivery of your resignation letter
2) you should not avail medical leave during the notice period
3) after expiry of one month stop coming to office
Resignation ccs(ts) rules 1965
Sir, 1) I am a temporary govt servant under central govt, though it has been around three years, but i have bot been confirmed till date. I have sent my resignation letter refering to one month notice period of ccs(ts) rules 1965, through registered post to my appointing authority. I have kept a xerox copy of the letter, and downloaded the delivery report of the letter. Is this enough for claiming of the submission of the resignation? Can my employer refute that they didn't receive it? 2) According to ccs(ts) rules 1965, temporary servants can relinquish the charge after one month notice period, so after expiry of one month what to do? Can i stop coming to office? Or i have to fillup charge reports. If my immediate supior authority do not accept charge report then what to do? 3) As i am in notice period, can i avail medical leave, please provide the rule, because acc to ccs(ts) rules leave can not be taken during notice period.
Asked 7 years ago in Civil Law
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6 Answers
Sir, I did not forward the letter through proper channel. I sent the registered letter directly to my appointing authority, is there any problem? Is it necessary to send it via immediate superior authority? What is the rule regarding it. Kindly advise.
Asked 7 years ago
Authority competent to accept resignation :-
The appointing authority in respect of the service or post in question is the authority competent to accept the resignation of the Government servant.
2). A resignation becomes effective when it is accepted and the Government servant is relieved of his duties.
3) Since a temporary Govt. servant can sever his connection from Govt. service by giving a notice of termination of service under Rule 5(1) of the Central Civil service (TS) Rules, 1965, the instructions contained in this Office Memorandum relating to acceptance of resignation will not be applicable in cases where a notice of termination of service has been given by a temporary Govt. servant. If, however a temporary Govt. servant submits a letter of resignation in which he does not even mention that it may be treated as a notice of termination of service, he can relinquish the charge of the post held by him only after the resignation is duly accepted by the appointing authority and he is relieved of his duties and not after the expiry of the notice period laid down in the Temporary Service Rules
The resignation letter sent by registered post with acknowledgment card will be sufficient for proof of the same.
2. Besides sending your resignation notice to the employer you should endorse a copy to your own department or officer incharge, this will enable yo to handover the charge ad responsibilities you were handling till the last moment.
3.If there is no provision for ordinary leave, you can avail medical leave if you have some in yor credit.
I did not forward the letter through proper channel. I sent the registered letter directly to my appointing authority, is there any problem? Is it necessary to send it via immediate superior authority? What is the rule regarding it
There is nothing wrong in sending it directly to the appointing authority but please make sure that you officially intimate your own department/officer under whom you had been working so far.
Sir, According to chapter VIII of CVC Manual point no 12 "Circulation of names of temporary Government servant whose services have been terminated under Rule 5(1). 12.1 The names and service particular or even mere names of temporary Gov- ernment servants whose services are terminated under Rule 5(1) of the CCS (TS) Rules, 1965, even when disciplinary proceedings were contemplated or pending against them, or of those who leave Government service after giving due notice under Rule 5(1) of the CCS (TS) Rules, should not be circulated either directly or through the police. The result of such circulation will, in effect, be to disqualify them from further government service which would be tantamount to imposing a penalty of dismissal or removal under the guise of an innocuous circular and would be struck down by courts as violative or Article 16 (1) and Article 311 of the Constitution. 12.2 As safeguard against the re-entry of such persons into Government serv- ice, the standard form of verification of character and antecedents which is required to be filled in by every fresh entrant to Government service provides for a column in which information about past service, if any, and the reasons for termination of service, resignation, etc. is to be given. Any suppression of such information by an entrant to Government service will itself be a good and sufficient reason for taking disciplinary action against him. " Therefore does submitting termination of service letter disqualify for further govt service? What does the term " safeguard against the re-entry of such persons in 12.2 mean? Does this term mean that persons who have submitted the notice earlier are debarred from re-entry in govt service??
Asked 7 years ago
1) resignation does not disqualify you from further govt service
2) in fact the manual prohibits circulation of names of those officers who resign from service
3) the manual only provides full and fair disclosure has to be made by temporary govt services whose services were terminated or those who resigned from service
4) if your services were terminated by the govt or disciplinary proceedings were taken against you the chances of your reemployment in govt would be bleak
The rule what you have mentioned shall be related to the termination on disciplinary grounds and not for regular or routine issues.
Thus, if your services were terminated as a result of disciplinary proceedings against you, then you have to be worried about it especially when the termination letter clearly makes a mention the reason for this drastic action against you by the government.
You have not stated the details while posting this question, hence you can verify the same from your end and confirm the situation and legal position related to your termination of service.