• Resignation from Central Governement

As per CG Rules, an employee has to serve 3 month notice period before the resgination, but if a person ready to pay 3 month salary can he resign from next day. Is it mandatory to serve for 3 month, if he is ready to pay 3 month salary
Asked 2 years ago in Labour

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10 Answers

it is at discretion of management to waive the notice period 

 

if appointment letter mentions 3 months notice period only then you have to serve the notice period 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

If the CG Rules provide for paying 3 months' salary in lieu of serving 3 months' notice period, then the employee can resign from next day.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
338 Consultations

Relevant provisions of CCS Leave Rules that covers eligibility for Earned Leave while in resignation notice period are Rule 9 (1) and Rule 39.

 

Rule 39 (6) (ii) of CCS Leave Rules provides that if a Government Servant resigns or quits Government Service, he may be granted, suo motu, by the authority competent to grant leave, cash equivalent in respect of earned leave at his credit on the date of cessation of service, to the extent of half of such leave at his credit, subject to a maximum of 150 days.

From the above rules it is clear that you can avail earned leave in lieu of the notice period if you have earned leave to your credit.

Otherwise you can offer to buy out the notice period to be served.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

You are bound to serve the 3 months notice period 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

  • According to the Central Civil Services (Leave) Rules, 1972, a government servant who has been granted leave cannot resign from service during the period of leave, except with the permission of the President. A government servant who resigns from service shall be required to refund the amount of leave salary and allowances paid to him during the period of leave not due, which shall be calculated in the same manner as prescribed for calculation of such amount in case of dismissal or removal from service.
  • According to the Central Civil Services (Classification, Control and Appeal) Rules, 1965, a government servant who is under suspension shall be required to obtain the permission of the authority competent to appoint him to resign his post. If a government servant submits his resignation while under suspension, the competent authority shall examine with reference to the merits of the disciplinary case pending against him whether it would be in public interest to accept the resignation. Normally, as government servants are placed under suspension only in cases of grave delinquency, it would not be correct to accept a resignation from a government servant under suspension.
  • According to the Central Civil Services (Temporary Service) Rules, 1965, a temporary government servant who has been in continuous service for more than three years may terminate his service by giving notice of not less than three months in writing to the appointing authority. The appointing authority may also terminate the service of any temporary government servant by giving him notice of not less than three months in writing or three months’ pay and allowances in lieu of such notice. However, this rule does not apply to a temporary government servant appointed on probation or on contract or on deputation.
  • According to the Department of Personnel and Training’s Office Memorandum dated 11.02.1988, a resignation has to be clear and unconditional. It is not in the interest of government to retain an unwilling government servant in service. The general rule, therefore, is that a resignation of a government servant from service should be accepted, except in certain circumstances, such as where the government servant is engaged on work of importance and it would take time to make alternative arrangements for filling the post, or where the government servant is under suspension or facing disciplinary proceedings. A resignation becomes effective when it is accepted and the government servant is relieved of his duties.

Based on these results, it seems that there is no provision for paying three months’ salary and resigning from service without serving the notice period for a permanent government employee. However, this may vary depending on the terms and conditions of appointment and the nature and status of service. Therefore, I suggest that you consult your appointing authority or your administrative department for clarification and guidance on your specific case.

 

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

If the rule doesn't say about compensating the service of notice period, then you cannot assume  the rule by yourself.

You have not mentioned about which rule are you referring here, there is no such CG rule, is it CCS or any labor law or any other law that you came across.

Without clarity in your question you will get such type of answers only. 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

If there is rule or agreement to buy three months notice period only then you can buy notice period by paying three months salary but if there is no such clause or agreement then you have to serve three months notice period.  As per Central govt. rules there is no rule of buying notice period. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

No he can pay snd resign immediately 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

 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. 

- Further, 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 in the matter of 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. 

- Hence , the said person can resign after paying  the 3 months notice period , and he cannot be forced to continue the work for the notice period. 

Mohammed Shahzad
Advocate, Delhi
15799 Answers
242 Consultations

Dear Client

In India, as per Central Government (CG) rules, employees are typically required to serve a notice period before resigning from their employment. The notice period duration may vary depending on the specific rules and regulations of the organization or department. However, in the scenario you described, where an employee is willing to pay the equivalent of three months' salary in lieu of serving the notice period, it's essential to consider the specific rules and policies of the Central Government or the department in which the individual is employed.

As per the update in September 2021, the rules governing notice periods and the possibility of paying in lieu of notice vary among government departments and organizations. Typically, notice periods are meant to ensure a smooth transition and allow the employer to find a suitable replacement for the departing employee.

If the CG rules only mention a three-month notice period without specifying the option to pay in lieu of notice, it is advisable to consult with the organization's human resources department or seek legal advice to understand the specific policies and procedures applicable to your situation. These policies can sometimes be outlined in the employee's appointment letter, service rules, or other relevant documents.

It's important to note that government rules and regulations can change over time, so it's crucial to consult with the relevant authorities or legal experts for the most up-to-date and accurate information regarding notice periods and resignation procedures within the Central Government or specific departments. Additionally, employment contracts and rules may be subject to negotiation and customization, so individual circumstances may vary.

Anik Miu
Advocate, Bangalore
11008 Answers
125 Consultations

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