Central armed police forces are auxiliary forces and tgey have to sign a bond woth the government. You took a study leave. But you have to complete the bond period otherwise you have to pay the amount.
Sir! I m govt servant in CAPF(ITBP) joined in may2009.righnow I am study leave from 7oct19 pursuing LLM. After completion I have to report back to my unit at end of August 20.i have signed bond for 2year mandatory service according to swami handbook. Due to some personal reasons I can not continue this service and I have my plan for livelihood. Guide me Being a SC govt servant is any relief is available so I can able to give my resignation without paying bond money . My intention is very clear and in request mode towards govt and I really required this kind of relief from government. Regard Sandeep chaudhary
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Central armed police forces are auxiliary forces and tgey have to sign a bond woth the government. You took a study leave. But you have to complete the bond period otherwise you have to pay the amount.
You are working since 2009 and on study leave since 7 oct 2019 in between where the bond comes is a question which is itself contradictory.
You have joined in 2009 or 2019 ?
Bond is binding irrespective category whether SC or general.
Have to complete 2 years of continuous service, failure to which have to honor bond condition.
Only way out is, authority shall waive the bond condition.
- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Except, recovery of the said amount, company cannot harm you for the same
- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Hence, if you want to tender your resignation , then you should submit a resignation letter after stating the valid reasons , and declaring that not any departmental of vigilance inquiry is pending against you , to your appointing authority through proper channel.
- Legally , in government job , the notice period is 90 days , and further you may be called by the competent authority to explain the reasons for the resignation , and thereby they will issue a Relieving letter to you.
Dont forget to rating Positively.
In such circumstances, the service regulation and the service by-laws is to be seen, and only after perusing the service rule one can ascertain and identify any scope of relief.
kindly share the service rules in respect to your service.
1. Refer to the selection advertisement where the terms of employment must be mentioned.
2. Generally for reserved category the candidates has facilities in selections and promotions.
3. However your service regulations which varies in every department gives clear picture.
Seems like you had joined in May 2019 and not 2009.
If you resign, your bond amount would be forfeited. It is unlikely that you'll get any relief.
You cannot avail all the benefits as per your will and wish.
You were granted study leave on execution of service bond which ws a condition to grant of study leave.
Thus it becomes your duty to abide by the conditions imposed while granting the said leave.
If you do not want to continue the service anymore then you can quit the service by paying the service bond.
You will not be entitled to any relief based on your caste.
The law is common for all in this regard.
The reservations for your community is available only for recruitment ad for promotions hence you cannot take shelter under this community cover.
You cannot succeed even in the court of law if you file any case in this regard.
You can resign and later check whether they file any case for recovery of the bond amt. You need to contest the same later.
If you have signed a contract then you are bound to honour it. There is no escape from the rigours of an employment contract.
Kindly Pse suggest practical way to find solutions however I know I have to pay if I brake the bond. But I really don't want to submit Any reference any suitable convincible reason to satisfy bond condition and govt without pay, any reference or instance like my situation /condition and some one have got successful resigned with out paying money then kindly share. Your kind direction can save everything. Thank you
Without going through the entire bond agreement or service rules/appointment letter I can't advice in detail. For any assistance contact me in kaanoon on 9a7g6g9g4e9g0f9f1a1.
You are asking for some ideas to evade paying the service bond.
Please remember that all are common before law.
You were granted the study leave on the said conditions only, you cannot tune the law in your favor.
You have taken study leave to pursue masters in law,. hence ther is nothing that you do not know about law.
If you cannot pay the bond amount for braking the bond, then you may have to be in service till the period covered by bond.
If you are joining another govt job or PSU your bond can be transferred to Said undertaking
in such cases you would not have to pay bond money
From examining all the facts of your query I want to say that-
Mr Sandeep,
These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. I have dealt with some of such cases in Supreme Court.
Section 8 of THE INDO-TIBETAN BORDER POLICE FORCE ACT, 1992 states about Resignation and withdrawal from the post.- No member of the Force shall be at liberty,-----
(a) to resign his appointment during the term of his engagement; or
(b) to withdraw himself from all or any of the duties of his appointment, except with the previous permission in writing of the prescribed authority.
Section 9 states about tenure of service under the Act- Every person subject to this Act shall hold office during the pleasure of the President.
Section 18 states about termination of service of officers by the Central Government on account of misconduct.
Section 21 prescribes that any person, who absents himself without leave or overstays the leave granted to him, is liable to be convicted by a Force Court and suffer imprisonment.
The said Act and the Rules came into force in the year 1992. Section 8 of the Act prohibits any resignation by a member of the force. However, under Rule 27, with regard to special circumstances, a member of the force can be permitted to resign before completing the term of engagement. So, as per rule 27 you are can resign under special circumstances without paying the bond amount. Those special circumstances must be convincing. Better would to discuss in detail with complete facts.
You may contact my secretary to connect with me for clarification.
I hope you and your family are safe and healthy. Take all the precautions during Covid-19 crises and be safe.
Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India
- Resign and wait for their response , or request for transferring the bond ,if there is provision for the same , like many company having .
1. No there is no such relief available to any govt servant whether he is from General or SC category.
2. If you don't want to serve two year mandatory service because your department allowed you to go for study leave and most probably you got the seat reserved for central govt employees.
3. In any case if you leave the job without serving mandatory period of service after completion of service then you have to pay the bond amount.