• Resignation from Govt job

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
Asked 1 year ago in Labour

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23 Answers

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. 

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

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.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

- 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.

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

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.

Nirmit Srivastav
Advocate, Lucknow
60 Answers

5.0 on 5.0

Terms of service bond are binding upon you 

 

2) in case you resign have to pay bond money 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

You may have to file a writ petition to avoid payment of bond money 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

You can resign and later check whether they file any case for recovery of the bond amt. You need to contest the same later. 

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

If you have signed a contract then you are bound to honour it. There is no escape from the rigours of an employment contract.

Ashish Davessar
Advocate, Jaipur
30745 Answers
913 Consultations

5.0 on 5.0

if you resign then as per your contract you are liable to pay bond money. . 

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

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. 

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

1. There is no way or "practical way".

2. What cannot be done, must not be suggested either.

Ashish Davessar
Advocate, Jaipur
30745 Answers
913 Consultations

5.0 on 5.0

Go for specific performance suit against them 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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

Shri Gopal Verma
Advocate, New Delhi
308 Answers
5 Consultations

4.0 on 5.0

Actual position already inform to you. Now take your decision wisely.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

- Resign and wait for their response , or request for transferring the bond ,if there is provision for the same , like many company having . 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

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.

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

There have to be very strong reasons for the government to waive off the bond money.

Kindly explain your situation and why do you want to leave.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

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