• Joining State Bank of India from Railways

Sir,
I was working as Assistant Loco pilot in South central railways. When i joined Railways I had signed am indemnity bond willing to work for 5 years. 
After my training was over, I learned that i got selection in State bank of india as junior associate in clerical cadre. I had written SBI exam before joining Railways. I chose to join SBI and applied for resignatio from railways. Railway approved my resignation as technical resignation to join SBI as it is public Sector with condition that my bond has to be transfered to SBI and my lien will be maintained in railways for 2 years. 
But SBI is declining this relieving format of railways saying that they dont accept conditional resignation as SBI clerical cadre does not accept bonds. They have told to request railways for unconditional relieving letter. Only then i will get the job. What should I do sir?
Asked 5 years ago in Labour

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15 Answers

All you can do is to write the concerned authority of the railway.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

What are contents and condition of bond executed with Railway apart from lock in period of 5 year service ?

Pl state those conditions as well to advice you lawfully for change over of your job from Railway to SBI.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You need to approach CAT in this case for resolution. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Continue your job with railways 

 

makes no sense to pay for indemnity bond as railways would not give unconditional  relieving letter 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

The rules of railways are not applicable to SBI as per their rules. 

If they don't require bond from clerical grade employees then the subject of transfer of service bond is not in the service regulation of  SBI 

So you cannot insist bank to accept the conditions of Railways. 

You may have to sort it out with railways to get the service bond released as per law 

.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

If there will be no technical resignation  then how they will give you the benefit of transfer of bond, SBI authorities are wrong in not accepting this request or relieving letter, if they resist then file a writ to avail the benefit.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

You can request to railway HRD and transfer you on unconditional bond format basis. Or take help of central HRD department Delhi.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

You are suggested to submit an humble application to both the organisations i.e. railway and SBI that they should liaise among themselves and allow you for the hassle free career and if the things are not solved, file the case in the High Court in the form of WRIT PETITION. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

This is only option - unconditional relieving. SBI dose not accept bond for CC.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

- As per the Employment Act, employees have the right to resign at any time, by serving notice or by compensating the employer with salary in lieu. It is an offence for employers to disallow employees to leave their job.

- Further, the Supreme Court has declared in the judgement of the case titled as Sanjay Jain versus National Aviation Company of India Ltd, , that to resign is a right of an employee who cannot be forced to serve in case he is not willing until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the service. 

- 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. 

- Since, you have already resigned from the Railway , then the said bondation is against the rule of law,

- You should approach the higher official of the Railway department after mentioning that you are unable to join the offered job in Bank due to imposed conditions , and thereby request for reliving without any conditions. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

SBI has provided the rules that conditional resignation not accept. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

This isban inter departmental tussle and misunderstanding. Approach the higher authorities and if they do not respond then file a writ petition in the high court.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Pay the bond amount to railway and ask for unconditional relieving letter 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. You should request railways for unconditional relieving from their department.

2. You can also give representation in SBI that bond will be from your side only that you will work for 5 years as per bond. 

3. If they still doesn't give you joining then file writ petition before High court.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that there has been clear non acceptance at the end of the SBI stating some rules or guidelines in place for not accepting the same from railway.
  2. I would like to apprise you that you should first mark a representation again to consider your case and also file a RTI seeking the exact rule under which SBI is declining the request.
  3. Rest, you have the option of approaching Hon’ble HC all the time under Writ Jurisdiction seeking directions  for the SBI to consider your case on merits and law of statue, if any.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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