I was selected in combined medical services examination conducted by upsc in year 2017. At that time i was pursuing post graduation so i requested for study leave .they granted me study leave with condition to join again as submit a formal request to this Ministry along with the following documents:- (i) PG course completion certificate (ii) An affidavit on a Non-judicial Stamp Paper of Rs. 50/- with the undertaking that a) You will serve the Government in Central Health Service (CHS) for at leastTHREE YEARS from the date of joining the post of GDMO; and b) You accept the depression in your seniority in CHS in case of revival of offer. After my completion of PG i requested for revival of my job in the year august 2018 after submitting affidavit to serve 3 years Mohfw revived my job and gave me posting with following General terms and conditions of appointment in CHS 1.The services of a temporary Government servant shall be liable to termination at any time by a notice in writing given either by the Government servant to the appointing authority or by the appointing authority to the Government servant under Rule 5(1) of CCS (Temporary Service) Rules, 1965 and the period of such notice shall be one month. Provided that the services of any suchGovernment servant may be terminated forthwith and on such termination, the Government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances for the period of the notice at the same rates at which he was drawing them immediately before the termination of his services, or as the case may be, for the period by which such notice falls short of one month. 2.However, when a temporary Government servant submits a letter of resignation without any reference direct or indirecl of Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965, he can relinquish his post only when the resignation is accepted and he is relieved of his duties. An official quitting his post before receiving intimation of acceptance of his resignation is liable to be proceeded against both legally and departmentally. 3.After the satisfactory completion of the period of probation, resignation from service will be in accordance with the instructions issued by the Government in the matter from time to time and an official quitting his post before receiving intimation of acceptance of his resignation. I joined on January 2019 But i dont find job to be good My question is 1. Can i resign fron my post during probation and breaking the condition laid in affidavit. 2. Can government sue me legally if i am unwilling to do job 3.Is such affidavit or undertaking valid legally when i was the only signatories as i have submitted affidavit prepard by notary public 4. Am i temporary or permanent servant according to cghs rules ?. Do i have right to resign .if yes what is notice period to resign.. 5 on what ground i can resign if possible can u illustrate.
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You can resign during probation period by giving one month notice under Rule 5(1) of central civil Rules
2) affidavit for service of 3 years is binding upon you
3) govt can sue you if you are unwilling to do your job
4) you would be permanent govt servant on completion of probation period
1 you can but you will be liable for breach of contract if any between parties.
2. Yes only if there is loss to it.
3. Yes. Still can't say till I completely check the same
4. Yes notice period is stated in your appointment order or service rules varies from designation to designation and department to department.
5. You can have a technical resignation or on medical ground
1. The terms clearly shows that without acceptance of your resignation you can quit the job on probation.
2. Yes they can.
3.Yes affidavit is valid.
4. An aspirant during probation is temporary job holder.
5. You can resigning on the issue of non satisfactory work environment or due to failing health.
Do note even if your resignation is not accepted you have legal remedy through court of law to quit the job and join in new service.
Please don't be confuse follow only terms and conditions of your offer letter/appointment letter what the terms and conditions says follow it.
D.barman sir can u suggest legal remedy to quit the job
It is better you continue in service for period of 3 years as duly agreed by you
I can advise further if you get in touch with me in private.
My contact numbers are available on this website.
1. The service conditions are not permitting you to resign hence it may not be possible for you to go ahead, however you may send your resignation letter, let the authorities decide to accept or to reject the same.
2. The conditions say so.
3. It will be made valid when produced before court
4. You are a temporary employee till the probation period is not expired.
5. Since you do not want to continue the job for the reasons you may rely upon, hence you may quote the same in your resignation letter.
Since you have availed the privilege of pursuing your studies while employed, it becomes your duty to respect the law involved in it.
However you may tender your resignation to the authorities concerned with the strong reasons to quit the job, let the competent authority decide on it.
Dear
If you resign during probation period then govt can file suit against you due to affidavit you have signed with the govt.
Once the probation period is completed you will become permanent employee of govt.
