I am currently working in State Bank of India (Chandigarh circle). I have joined the bank on Jan 7, 2019. Before joining the bank i have also applied for Reserve Bank of India recruitment. The recruitment process of RBI written and interview was completed before joining the SBI. I gave interview on 29th November, 2018. The final result of RBI came afterwards. As I joined the bank after giving the interview, there is no question of NOC (No Objection Certificate). This is the first time that sbi has introduced bond. Now I want to join RBI and HR people are saying that you have to pay bond amount. Sir, my questions are as follow 1) Is there any specific supreme court judgement regarding the transfer of bond from government to government department. As RBI is a government organisation and SBI also is a PSU under government of India. 2) There are DPE guidelines regarding the transfer of bond from one public sector enterprise to another, as mentioned below. Department’s OMs No. BPE/GL-017/77/MAN/2(11)/75-BPE(GM-I) dated 13.6.1977 and 23.5.1981 and No. 17/20/84-GM dated 5.2.1985. Sir, my question is whether these guidelines are also applicable on PSU Banks. Or are there any specific guidelines for banking industry. I talked to RBI and they are ready to accept the bond. But, SBI HR department is saying that you have to pay the bond. Please help.
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Hello,
To the best of my knowledge there is no SC judgment to the said extent. However, seeing the equity in the case if the SBI does not agree for the said transfer then you may prefer a writ before the HC. Give a written representation to the SBI at the earliest.
Regards
there is a DPE Guideline which lays down that in case if an employee is shifting from a PSU to PSU or government the service bond should be transferred to the new employer.
2) if your employer refuses and insists on payment of bond amount then you have to move court against your employer as it is refusing to follow guidelines laid down by govt
3) As per guidelines of 2004 your release will be subject to the condition that the new organization take from him a fresh bond binding him to serve them for the balance of the original bond period; in case he fails to serve the new department/organization etc. or leaves it before completion of the original bond period for a job where exemption from bond obligation is not available, the proportionate bond money should be realised from the individual and refunded to the first organization with whom he originally executed the bond.
4) bank is bound by guidelines and cannot insist you pay service bond amount to be released from servi
You can file the writ petition in HC showing the aforesaid guidelines. It will be considered by HC.
1. no such supreme court judgment but as per the guidelines bonds can be transferred from PSU to Government
2. also applicable to Banks
make a written representation to the SBI and send them, if they don't revert you can move to High Court for direction
another option is to make payment of the bond amount (if possible) to the bank under protest, without prejudice and later on make a claim to get the amount back from them
there is a DPE Guideline which lays down that in case if an employee is shifting from a PSU to PSU or government the service bond should be transferred to the new employer.
There are conflicting citations so if you quote to them they will cite another one so to resolve the dispute please come to point no.2 of your queries guidelines are still prevailing if you have applied through proper channel then they can't object if not they can and you have to pay the bond amount.
The bond executed by employees of the Public Enterprises, who have received scientific/technical training at the cost of Public Enterprises and have applied through proper channel during the currency of the bond join Central Govt./State Govt. services or take up employment under quasi-government organizations or any other public enterprise either on the basis of competition examinations/tests/interviews organized by those organizations or the Union Public Service Commission should not be enforced subject to the condition that a fresh bond is taken to ensure that the employee serves the new employer for the balance of the original bond period.
To ensure that the requirement of obtaining a fresh bond from a person, where necessary, is fulfilled, the enterprise with whom the employee has executed the original bond may at the time of forwarding his application write to the organization etc. under whom the employee intends to take up another appointment intimating them about the bond obligation of the individual and clarifying that in the case of his selection for the new post, his release will be subject to the condition that the new organization take from him a fresh bond binding him to serve them for the balance of the original bond period; in case he fails to serve the new department/organization etc. or leaves it before completion of the original bond period for a job where exemption from bond obligation is not available, the proportionate bond money should be realised from the individual and refunded to the first organization with whom he originally executed the bond.
