• Penalty if resigned during probation in railways

Sir I joined as ADMO(DOCTOR) IN railways in October 16 2016.. They posted me in very far place.. Instead of multiple requests I am not being transferred..I am still is probation..
I want to resign but some of my seniors told me that I have to return railways the entire salary which I got till now if I resign during probation..i searched in internet regarding resignation during probation but only thing I got to know is that I have to inform railways one month before resignation... Sir I am getting a job in contract basis in my state government as Doctor.. Kindly suggest what to do
Asked 8 years ago in Labour

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8 Answers

1) Resignations of Group A & B railway servants, other than those holding administrative posts, serving on railways may be accepted by the General Manager.

2) The resignation submitted by Group A probationers of different services undergoing probationary training in various Centralized Training Institutes may be accepted by the Heads of Centralized Training Institutes .

3) Resignation of all other Group A & B railway servants on Indian Railways/Production Units shall be forwarded to the Railway Ministry.

4) could not find any provision wherein you have to pay entire salary received on probation

5) give one month notice and resign

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Ask your seniors to furnish copy of rules that lay down that in case railway employee resigns during probation he had to pay salary received during probation period

2) Technical Resignation - Resignation submitted by the Railway employees on permanent absorption in PSUs is to be taken as Technical Resignation.

3) you are being employed on contract basis would not be regarded as technical resignation

4) lien of a permanent Railway servant appointed under another Central /State Government or office may be retained on the Railway for a period of two years. If he is not permanently absorbed within this period in the new post, he should immediately on expiry of the said period, either resign from the Railway service or revert to his parent office.

5) you cannot exercise right of lien . you are not permanent railway employee

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Please tell me the conditions in your contract, there must be a specific conditions with regards to resignation during the probation period and no one can stop you to join a job as that will be in violation of Art 19(1)(g) of the Constitution of India.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Please quote your relevant service rules so that a concrete advice may be given to you. Did you furnish any bond at the time of your appointment agreeing not to resign/leave during the period of probation?

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

I want to resign but some of my seniors told me that I have to return railways the entire salary which I got till now if I resign during probation..i searched in internet regarding resignation during probation but only thing I got to know is that I have to inform railways one month before resignation... Sir I am getting a job in contract basis in my state government as Doctor.. Kindly suggest what to do

You must have signed an employment offer letter at the time of joining the job.

Do you have a copy of the offer letter, if so, go through the conditions therein from which you will get an idea of what to do for resigning the job.

However as per law, you may have to give one month notice period in the resignation letter during the probationary period.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Can I resign on technical grounds to join in state govt contract job as Doctor...I mean to ask is technical grounds resignation can be given even for joining in contract post of state government...

The rule says technical grounds resignation can be given if one govt employee joins to other state or central govt job....but is this applies to contract jobs in state govt?what about Lein sir..can I keep my Lein in railways and then join state govt contract job..kindly help as I have to pay back around 9lakhs ifwhat my seniors told comes correct ... waiting for Ur suggestion

As per the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965, the resignation is treated as a technical formality where a Government servant has applied through proper channel for a post in the same or some other Department, and is on selection, required to resign the previous post for administrative reasons. The resignation will be treated as technical resignation if these conditions are met, even if the Government servant has not mentioned the word “Technical” while submitting his resignation. The benefit of past service if otherwise admissible under rules, may be given in such cases. Resignation in other cases including where competent authority has not allowed the Government servant to forward the application through proper channel will not be treated as a technical resignation and benefit of past service will not be admissible. Also, no question of benefit of a resignation being treated as a technical resignation arises in case of it being from a post held on ad hoc basis.

Lien is defined in FR 9(13). It represents the right of a Government employee to hold a regular post, whether permanent or temporary, either immediately or on the termination of the period of absence.

The exceptional cases may be when the Government servant is not confirmed in the department/office where he has joined within a period of 2 years. In such cases he may be permitted to retain the lien in the parent department/ office for one more year. While granting such permission; a fresh undertaking similar to the one indicated above may be taken from the employee.

Temporary Government servants will be required to severe connections with the Government in case of their selection for outside posts. No lien will be retained in such cases.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

1You are governed by the appointment letter and the service rules. There is no such rule that I could find which says that an employee who resigns during probation must return his entire salary which he has drawn. So unless there is a clause to this effect in your appointment letter then you are not liable to return the drawn salary.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Since you are employed on contractual basis you cannot give a technical resignation.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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