• Bond transfer from Delhi Metro Rail Corporation to AAO in CAG

Sir
I am working as assistant manager operations in Delhi metro rail corporation meanwhile I am selected as Assistant audit officer in Indian audit and accounts services. I did not need a NOC form DMRC as all the exams for AAO had been conducted before the joining of DMRC and only result was awaiting .now my joining in AAO has come and i wanted to join that .will I need to pay the bond of DMRC or execute fresh bond with CAG?
Asked 8 years ago in Labour

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9 Answers

Dear Sir,

It all depends upon your talent in convincing the old employer. You may ask for transfer of bond to the new employer without insisting upon bond amount. There are very rare instances wherein amount was insisted instead the bond was transferred to the new employer.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

DMRC had issued a Circular on 09.09.2011 by which they have laid down a policy regarding transfer of bond in resignation case, which reads as under:-

DELHI METRO RAIL CORPORATION LTD.

No.DMRC/PERS/14/2011 Dated: 09/09/11

OFFICE ORDER NO.PP/1306/2011

Sub: Transfer of bond in resignation cases.

The issue regarding transfer of bond in respect of such regular employees who intimate about their application to UPSC to join other Govt. Organizations was under consideration of Management for sometime. The Management has now decided to transfer the bond in such cases subject to the following conditions-

1. Only employees selected through UPSC may be considered for bond transfer to the new Govt. Organization.

2. The employee must have given prior intimation regarding appearing for UPSC examination.

3. The organization in which the employee has been selected should agree for transfer of bond.

4. An undertaking from the new organization that if he resigns prior to the completion of balance bond period prescribed by DMRC, the entire bond amount will be realized and remitted to DMRC.

5. No Bond transfer will be allowed for Executive Trainees trained at IIT, Delhi even for UPSC jobs.

This issues with the approval of Managing Director/DMRC.

Sd/ (Karan Singh) Executive Director (HR

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

M.H.A., O.M. No. 70/10/60-Estt.(A), dated the 9th May, 1960 (Item I below), that the terms of the bond (which the Government servants receiving scientific and technical training at Government expense have to execute, undertaking to repay the money in the event of their failure to serve the Government for a specified number of years after completion of their training) should be enforced against those Government servants only, who leave Government service in order to secure private employment. It was further clarified in M.H.A., O.M. No. F. 5/10/66-Estt. (C), dated the 15th April, 1966 (Item II below), that the terms of the bond may not be enforced in the case of Government servants, who leave Government service to secure employment, under a State Government, a Public Sector Undertaking, owned wholly or partly by the Central Government or by a State Government, or a Quasi-Government Organization. In such cases, a fresh bond is to be taken from such Government servants to ensure that they serve the new employer for the remaining period of the bond. A bare reading of the O.M. makes it clear that for candidates changing job from one government organization to another, this O.M. lays down that the bond is not to be enforced.

2) DMRC had equity from both Central and State Government and is owned and controlled by them. Thus, it has Public Sector character and is therefore within the ambit of this O.M.

3) you can resign and join Indian audit service

4) bond can be transferred

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

There`s no need to pay the bond and the balance period will serve with the new employer.

Check notification below -

Enforcement/Transfer Of Bond In Respect Of Employees Of Public Enterprises Who Leave The Services Of One Undertaking To Join Another Undertaking/ Government. (DPE O.M. No. 15(2)/2003-DPE(GM)/GL-57 Dated 29th July, 2004)

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You'll have to abide by the terms and conditions of any service bond that you must have entered into with the DMRC.

Post that, if CAG insists you to fill a fresh bond, you'll have to do so.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

If you are leaving the job against the terms of the employment then you will have to pay the bond to DMRC and enter into a fresh bond with CAG.

Inquire with DMRC once that whether the bond happens to be a transferable one or not.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

I have peruse the recent government order and the same establishes that the bond can be transferred from DMRC to the services in CAG.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It was laid down in the M.H.A., O.M. No. 70/10/60-Estt.(A), dated the 9th May, 1960 (Item I below), that the terms of the bond (which the Government servants receiving scientific and technical training at Government expense have to execute, undertaking to repay the money in the event of their failure to serve the Government for a specified number of years after completion of their training) should be enforced against those Government servants only, who leave Government service in order to secure private employment. It was further clarified in M.H.A., O.M. No. F. 5/10/66-Estt. (C), dated the 15th April, 1966 (Item II below), that the terms of the bond may not be enforced in the case of Government servants, who leave Government service to secure employment, under a State Government, a Public Sector Undertaking, owned wholly or partly by the Central Government or by a State Government, or a Quasi-Government Organization. In such cases, a fresh bond is to be taken from such Government servants to ensure that they serve the new employer for the remaining period of the bond. A bare reading of the O.M. makes it clear that for candidates changing job from one government organization to another, this O.M. lays down that the bond is not to be enforced.

You can refer to Central Administrative Tribunal - Delhi

Sh. Abhinav Singh vs Delhi Metro Rail Corporation on 30 May, 2013,

by the above judgment the DMRC was instructed to transfer the service bond of the candidate to his new employer, i.e. UPSC

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hi,

All the things will be as per the terms of condition of service of DMRC and CAG.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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