All you can do is to write the concerned authority of the railway.
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?
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.
Continue your job with railways
makes no sense to pay for indemnity bond as railways would not give unconditional relieving letter
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
.
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.
You can request to railway HRD and transfer you on unconditional bond format basis. Or take help of central HRD department Delhi.
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.
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- 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.
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.
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.