• Resignation from service

I am doctor in CRPF governed by CRPF Act and Crpf rules 1955 in addition to CCS Rules. I joined service on 06 May 2013. My probation period is of 2 years but I have not been given the confirmation letter. I have tendered the resignation on 06-10-15 on personal grounds.
With immediate effect. I have also deposited 3 months salary in govt account as directed by my head of office in response to my resignation letter. 
When will I be legally free from the dept. Will para 5(1) of CSS temp rules 1965 be applicable to me.
Asked 1 year ago in Civil Law from Pune, Maharashtra
1) The law on deemed confirmation of a probationer is clear and stands very clearly noted in the decision reported as 2001 (7) SCC 161 High Court of MP Vs. Satya Narayan Jhavar, followed with approval by the Supreme Court in the decision reported as (2005) 13 SCC 179 Rajender Singh Chauhan & Ors. Vs. State of Haryana & Ors. Three situations result in two different results is the ratio which can be culled out from the said two decisions. Situation one is where in the service rules or in the letter of appointment a period of probation is specified with a power to extend the same without prescribing any maximum period of probation and no order is passed confirming the probationer. The second situation is where the rules for initial probation and extension thereof provide a maximum period for extension and also provide that beyond the maximum period it is not permissible to extend the probation. The third is where the rules prescribe a maximum period of probation but also require a specific act on the part of the employer to issue an order confirming the appointment. It was held that cases falling under situation one or three cannot be treated as a case of deemed confirmation. Only under situation two would it be treated as a case of deemed confirmation.

2) The logic of the reasoning is clear. If, as in situation two a maximum period for probation is provided with a negative stipulation that beyond said period probation cannot continue, it follows automatically that if the probation continues beyond the maximum period it has to be treated as a case of deemed confirmation for the reason the negative stipulation prohibiting continuation of probation beyond the maximum period prescribed must take its effect.

3) Rule 108 of the Central Reserve Police Force Rules, 1955 relates to officers appointed or promoted to a superior post and sub-Rule (1)) thereof requires the appointment or promotion to be initially on probation for a period of two years. Sub-Rule (2) of Rule 108 requires an appraisal post probation period being offered for permanent appointment. Sub-Rule (3) of Rule 108 empowers the Government to extend the period of probation

4) i it is necessary to peruse your appointment letter . whether it is mentioned that your probationary period can be extended? 

5) whether in your case order of confirmation is necessary ? 

6) Where no action is taken by Government under sub-rule (2) or (3) or (4), of rule 108 the period after the prescribed period of probation shall be treated as an engagement from month to month terminable on either side on the expiration of one calendar month’s notice in writing.
Ajay Sethi
Advocate, Mumbai
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The certificate of discharge has to be issued by CRPF to you. If the certificate is not issued then you may move the High Court to challenge the delay or refusal to issue the certificate..
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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1) resignation can be withdrawn prior to its acceptance 

2) if your resignation had been accepted it cannot be withdrawn 

3) you have to give notice as provided in the rules 

4) you cannot withdraw from service immediately 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
The provisions of the relevant rules referred to by you is reproduced below:
(1) (a) 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;

(b) the period of such notice shall be one month.

Provided that the services of any such Government 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.

If you have already tendered resignation, you may have to withdraw the same and issue the notice under the above referred law on the basis of a temporary employee as you have not been confirmed as on the date of tendering the resignation. 
What are the conditions of your employment?
The provisions of rule 12(3) of the CCS (CCA) Rules,1965 on withdrawal of resignation of employees is reproduced below:
A resignation becomes effective when it is accepted and the Government servant is relieved of his duties.  If a Government servant who had submitted a resignation, sends an intimation in writing to the appointing authority withdrawing his earlier letter of resignation before its acceptance by the appointing authority, the resignation will be deemed to have been automatically withdrawn and there is no question of accepting the resignation.  In case, however, the resignation had been accepted by the appointing authority and the Government servant is to be relieved from a future date, if any request for withdrawing the resignation is made by the Government servant before he is actually relieved of his duties, the normal principle should be to allow the request of the Government servant to withdraw the resignation.  If, however, the request for withdrawal is to be refused, the grounds for the rejection of the request should be duly recorded by the appointing authority and suitably intimated to the Government servant concerned.
However the provisions  of Rule 4 of the same rules will be applicable to your case, the contents of the same are reproduced below for your information
Since a temporary Government servant can sever his connection from a Government service by giving a notice of termination of service under Rule 5 (1) of the Central Civil Services (TS) Rules, 1965, the instructions contained in this Office Memorandum relating to acceptance of resignation will not be applicable in cases where a notice of termination of service has been given by a temporary Government servant.  If, however, a temporary Government servant submits a letter of resignation in which he does not refer to Rule 5 (1) of the CCS (TS) Rules, 1965, or does not even mention that it may be treated as a notice of termination of service, he can relinquish the charge of the post held by him only after the resignation is duly accepted by the appointing authority and he is relieved of his duties and not after the expiry of the notice period laid down in the Temporary Service Rules.
Thus you will be benefited by the said Rule 4 of CCS (CCA)Rules, 1965 and your query stands resolved accordingly.
T Kalaiselvan
Advocate, Vellore
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The resignation can be withdrawn till such time that it has not been accepted by the competent authority. It cannot be withdrawn after it has been accepted. The competent authority can reject the resignation and issue a notice for termination.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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