You are governed by the provisions of coast guard act and the rules framed there under
2) your resignation would also be governed by provisions of said act
Resignation from re-employment in central government
Sir, I am an ex-servicemen (officer) and i have been re-employed in the Central Government (coast guard) from the last 8 months (from 01 Nov 16). My appointment letter is as below. It indicates that i am under probation for a period of two years. I want to resign from the present service due to domestic issues. I have two queries:- (a) Can i resign by giving a notice period of one month as specified in Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965. (b) If not, what is the procedure to resign and under what rules. Appointment letter:- "APPOINTMENT IN THE POST OF COMMANDANT (JG) (GENERAL DUTY) 1. With reference to your application for re-employment in the indian coast guard, you are hereby informed that you have been selected for appointment in the coast guard in the rank of commandant (JG) (General Duty), on re-employment basis. 2. The present pay band for this rank is Pay band-3 (Rs [deleted] +Grade Pay Rs 7600/-) (revised level 12 in Pay Matrix ) and your pay will be fixed as per the relevant rules. 3. You will also be entitled to draw dearness allowances and other allowances at the rates as admissible and subject to the conditions laid down in the rules and orders governing the grant of such allowances in coast guard from time to time. 4. The salient terms of appointment will be as follows:- (a) You will be on probation for a period of two years from the date of your appointment. While you are on probation, your services may be terminated at any time without assigning any reason. removal from probation will be considered subject to your satisfactory performance in the service. (b) The appointment carried the liability to serve in any part of India or abroad. (c) On joining the Coast guard, you will be governed by the Coast Guard Act 1978 and the statutory rules framed thereunder. (d) You will be required to submit following certificates in original (returnable) - 10 th and Degree certificate. 5. You are eligible to count your previous commissioned service in the Indian Navy for promotion as admissible under the rules. You are also eligible to count your previous commissioned service for the purpose of pension under CCS(Pension) Rules 1972. But in case, you desire to count your naval service for pension purposes, you will not be entitled for gratuity towards service rendered in the Indian Navy. You may submit your option in this regard to CGHQ for counting of your service for pension within one year from the date of your appointment in Coast guard. 6. You are to report to _____ for duties before 01 Nov 16 for duties. 7. You are acknowledge receipt of this letter and intimate date of reporting to the CGHQ under intimation to ____. (Signed xxxx), PD, for DG (Note :- I have not replied for Para 5 above)
Asked 8 years ago in Labour
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4 Answers
I have not got my answer...please be more elaborate... .... whether me (or any central government employee) under probation period is governed by Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 Or not..
Asked 8 years ago
Section 9 Coast guard act provides
Resignation and withdrawal from the post.—No member of the Coast Guard shall be at liberty—
(a) to resign his appointment during the term of his engagement; or
(b) to withdraw himself from all or any of the duties of his appointment, except with the previous permission in writing of the prescribed authority.
2) Rule 27 A of coast guard rules provide
Resignation – (1) No person subject to the Act shall have a right to resign his appointment or withdraw himself from the duties of his appointment. But in this regard, he may submit an application through proper channel to the Deputy Director General or the Director General at Coast Guard Headquarters or to the Central Government, as the case may be. He shall not be relieved of his duties until the Central Government or the authority empowered by the Central Government has accepted his resignation.
(2) A member of the Coast Guard before his application to resign being accepted by the prescribed authority may apply for withdrawal of his application. The Central Government or the authority empowered by Central Government may at its discretion, grant withdrawal of such application.
3) you would not be governed by rule 5 temporary service rules 1965
The conditions of service of temporary Government servants, are, in certain matters, governed by the Central Civil Services (Temporary Service) Rules, 1965.
However since you are governed by the Coast Guard Act 1978, you my have to observe the statutory rules and regulations in this regard and the terms and conditions would be found in the employment offer letter.
I have not got my answer...please be more elaborate...
.... whether me (or any central government employee) under probation period is governed by Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 Or not..
If your employment falls under the category of the Central government Central Civil Services (Temporary Service) Rules, 1965, the rule 5 (1) of the Central Civil Services (Temporary Service) Rules,1965, the services of a temporary Government servant, may be applicable.
Since you have mentioned that you will be governed by the Coast guard act, 1978, the statutory rules framed there under shall be applicable, however you may tender the resignation as per your proposal with a notice period of one month referring the clause you have mentioned, let the authority decide about it wherein you will come to know the correct position of law.