• Procedure of resignation

Sir,
I am a central govt employee, due to my personal problems i want to resign from this job immediately, i cannot work for even one day. So is there any process so that i do not have to work anymore and resign? Can i avail extraordinary leave and while on leave submit my resignation? Kindly provide a way so that i can leave the job immediately.
Asked 8 years ago in Civil Law

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5 Answers

Dear Querist

the procedure for resignation is depend on the policy of the department in which you are working if you are not willing to work the first of all read the term and conditions of your appointment and policy of the department and then consult a lawyer with the terms and condition. if there is any bond signed by you at the time of joining and the time period is also mentioned in the Bond then it will be better to work till the completion of Bond period otherwise you have to pay bond amount.

You may submit an application for leave before your department and if you get the leave then enjoy your leave and think again about your resignation.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

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) The competent authority should decide the date with effect from which the resignation should become effective.

3) the date when resignation should be effective should be that from which alternative arrangements can be made for filing the post. Where an officer is on leave, the competent authority should decide whether he will accept the resignation with immediate effect or with effect from the date following the termination of the leave. Where a period of notice is prescribed which a Government servant should give when he wishes to resign from service, the competent authority may decide to count the period of leave towards the notice period. In other cases also, it is open to the competent authority to decide whether the resignation should become effective immediately or with effect from some prospective date. In the latter cases, the date should be specified.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You would have been given with an employment offer letter containing conditions of employment including resignation process or procedure.

You may go through the clauses that govern this position.

You may go through the provisions given in :

CCS (CCA) RULES – Resignation from Service

(12) Resignation from Service procedure in respect of :-

These instructions have now been consolidated for facility of reference and guidance of all the Ministry/Departments of the Government of India. in the office memorandum No.28034/25/87-Estt (A) dated 11th Feb 1988.

Where the Government servant concerned is engaged on work of importance and it would take time to make alternative arrangements for filling the post, the resignation should not be accepted straightway but only when alternative arrangements for filling the post have been made.

Where a Government servant, who is under suspension submits a resignation the competent authority should examine, with reference to the merit of the disciplinary case pending against the Government servant, whether it would be in the public interest to accept the resignation. Normally, as Government servants are placed under suspension only in cases of grave delinquency, it would not be correct to accept a resignation from a Government servant under suspension.

In those cases where acceptance of resignation is considered necessary in the public interest, the resignation may be accepted with the prior approval of the Head of the Department in respect of Group ‘C’ & “D” posts and that of the Minister in charge in respect of holders of Group ‘A’ and ‘B’ posts.

A resignation becomes effective when it is accepted and the Government servant is relieved of his duties.

Since the CCs(Pension) Rules, 197’2 are applicable only to holders of permanent posts, the provisions would apply only in the case of a permanent Government servant who had · resigned his post

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

A temporary Government employee is subject to the CCS (TS) Rules, 1965

2) 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,

3) he can submit letter of resignation in which it is mentioned that it may be treated as a notice of termination of service,

4) if letter does not mention that it may be treated as notice of termination of servcie 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.

5) rejoin service and then give notice of termination

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

First of all you must confirm that whether a temporary employee is eligible for extra ordinary leave.

If it is not allowed then you cannot avail the proposed leave.

Depending upon the nature and purpose for which the period of leave is to be availed of, EOL without pay and allowances will be granted only after the completion of a qualifying minimum service.

If any employee of the Institute resigns, he/she shall not be granted either prior or subsequent to his resignation, any leave due to his/her credit.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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