You can join other job just check whether you have completed notice period or have bought notice period
Sir, I joined central government Group B job(non gazetted) on 13 March 2023... I worked till 27 March...from then I am on leave. I had written them letter for approval of my leave. I was on leave from 31st March to 7 August (more than 4 months) I am on probation. Probation period is one year. Now I got selected in other job. I resigned on 8 August 2023. Now they are delaying resignation and saying only 3 months of Extra ordinary leave can be granted and I was absent for more than 3 months. What should I do now for completion of my resignation ? Please help( I have taken salary of even a single day and my Pran number is still not created)
You can join other job just check whether you have completed notice period or have bought notice period
What are terms and conditions of appointment letter
2)you have to serve the notice period as per terms of your appointment letter
3) seek extension of time for joining new company
You can express in writing to compensate the un served notice period and get the relieving letter if that is the condition being imposed to relieve you.
If not then you can await their orders accordingly, i.e., they may terminate your service, since your experience with this organisation is not going to help you anywhere, you need not reveal the details of this appointment ion your new employment
- 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.
- 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 also declared , 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.
- Hence, you cannot be forced to serve more period than which was mention in your offer /appointment letter.
- Send a notice for confirmation of resignation , and leave the work therein.
Send them a representation that your resignation be accepted forthwith so that you may join the new organization where you’ve been selected freshly. If the representation falls on their deaf ears, straightaway approach the high court and file a writ of mandamus seeeking immediate relieving
Dear Client
In India, when you're on probation in a government job, certain rules and regulations may apply to your resignation. Here are some general steps you can consider:
Review Your Appointment Letter: Carefully go through your appointment letter and any relevant service rules and regulations to understand the probationary period and the rules related to resignation during this period.
Follow Proper Resignation Procedure: Ensure that you have submitted your resignation in writing, following the correct procedure as specified in your employment contract or relevant government guidelines.
Seek Clarification: Request a meeting with your superiors or HR department to discuss the delay in processing your resignation and the reasons behind it. Seek clarification on their stance regarding your leave duration.
Consult Legal Advice: If your superiors continue to delay or deny your resignation, consider seeking legal advice from a labor or employment lawyer who can guide you through the process and protect your rights. They can review your employment contract and advise you on the best course of action.
Maintain Documentation: Keep records of all communication related to your resignation, including your resignation letter, any correspondence with your employer, and proof of your leave approval.
Consider Grievance Redressal: If you believe your rights are being violated and you have followed the correct procedures, you may explore options for filing a formal grievance or complaint within the government department or through relevant administrative channels.
You cant be force to work. Your resign cannot be refused preferably in probation when you are not made permanent.
Which service rules governs your office ?