Sir there are provision for recovering sum amount on resignation under service rules of the department and the rules made at the time of appointment. Kindly specify your department and any specific rules on time of appointment there under??
Requirement of notice of 3 months on technical resignation from central govt. service
I have technically resigned from Central govt. service (after 5 years service) in Dec 2015 to join another Central Govt. Service. When I tendered my technical resignation, my Head of office asked me to deposit three months salary to get my resignation accepted. No rule whatsoever was told by him to support his claim. As I was determined to join another service, I deposited 3 months pay and got the resignation approved. Is there any such rule that for resigning from service you have to give 3 months advance notice or deposit 3 months pay? Is there any decision of Supreme Court/High court/CAT/Information Commission regarding the same. Can I get my sum back which I had deposited.
Asked 7 years ago in Labour
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
7 Answers
Hello,
The same relates to the service rules under which you were working. File a RTI with the department to know about the rule.
In any case your claim is delayed and if you file a case you will have to file an application for condonation of delay.
Get in touch with a local lawyer.
Regards
what are terms of your appointment?
2) your appointment letter would mention terms and conditions of appointment
3) if there is clause that 3 months notice has to be given or salary in lieu of notice has to be given then you have to pay 3 months salary
Firstly, there has been a presumption in law to act the same moment when you have been made suffer.
Secondly, though that was the only option for you get the same certificate after paying the amount, but Sir the moment you have the money it has become infuctous to act upon it.
Thirdly, still you can try on the ground that was the need of the time, and there is nothing in written to pay the same amount if in case want to resign.
Fourthly, sir there can a clause but al depends upon service to service. Some government companies have it some are not.
So, please go again through all the documents which you may have got at the time of joining then act accordingly.
hello,
when you deposited the money with your HoD, was it cash or cheque? I don't think the Govt takes such kind of money from employees unless the probationary period is going on. a legal notice should be sent to the department concerned asking them that under which rules they demanded money.
regards
Do you have the receipts for this deposited amount?
If so, you can write to the top management of the previous employment about this and seek refund of this since there is no law governing such conditions.
If you are in doubt about it then you may refer to the employment offer letter for the conditions therein in this regard.
You may also refer to your service rules and regulations in this regard for the availability of any special class in this regard on the basis of your special employment, if any.
First ascertain the governing rule in this regard and then put up a legal battle
Dear Client,
No such rules in Raj. govt, service rules.
D u have any receipt of payment ?
You can file complain against the officer ask to pay it. Misconduct and demand of bribe.
