• Application of CCS Temp Rules 1965 para 5(1)

I was appointed as doctor in CRPF in May 2013 with the terms and conditions that i will be governed by CRPF Act, CRPF Rules, Medical Officer Cadre Rules and CCS Rules. In addiition it was mentioned in my appointment letter that i can be terminated from service by deaipartment by one month notice during probation. If i resign or discharge from the service within 10 years of service i have to deposit 3 months of salary or training charges whichever is higher.( para 17A of CRPF Rules.) I have completed 2 years but no communication regarding my confirmation has been given. So on 31 Oct 2015 i gave the notice for termination under para 5(1) CCS rules and para 108(5) of CRPF Rules. I also said that termination being different from resignation neither requires any forfeiture of pay and allowances and did not deposit the 3 months salary nor it requires acceptance as prerequisite to get relieved from job. The Head of department did not relieve me on 30 Nov 2015 and communicated that department can terminate under 5(1) but employee can not take action under this para. I have sent my communication that para 108(5) allows the service to be terminated by either side by one month notice during extension of probation period. I also posted the chrage hand over report on 01 Dec . The department has declared me absent wef 01 Dec.
Asked 12 months ago in Labour from PUNE, Maharashtra
1) you can issue notice of termination under para 5(1) of CCS temporary service rules 

2) the HOD is completely wrong in his view that employee cannot terminate his employment by issuing notice under para 51(1) 

3) A question has been raised regarding the treatment to be accorded to a letter of resignation submitted by a temporary Government servant, in the light of the provisions of the Central Civil Services (Temporary Service) Rules, 1965.

The question has been considered in consultation with the Ministry of Law and it is clarified that when a temporary Government servant submits a letter of resignation, a distinction should be drawn between a letter of resignation purporting to be a notice of termination of service and one which is not. This is because a notice of termination of service, given by a temporary Government servant under rule 5 (1) of the Central Civil Services (Temporary Service) Rules, 1965, is something different from a mere letter of resignation submitted by him without any reference direct or indirect, to the said rule. While the former is an exercise of the right conferred by statutory rules enabling a temporary Government servant to cease performance of his duties automatically on the expiry of the prescribed period of notice, the latter required acceptance by the competent authority in order to become effective. Therefore, if a temporary Government servant submits a letter of resignation in which he does not refer to rule 5 (1) of the Central Civil Services(Temporary Service) Rules, 1965 or does not even say that it be treated as a notice of termination of service, the provisions of rule 5 (1) ibid will not be attracted. In such a case, the resignation of the temporary Government servant will be dealt with under the provision of Home Ministry’s OM No. 39/6/57-Ests. (A) dated the 6th May, 1958 and he can relinquish his post only when the resignation is accepted and he can be relieved of his duties. It will, therefore, be possible in such circumstances to retain the temporary officer even beyond one month if it takes time to make alternative arrangements. This will not be repugnant to the provisions of the Central Civil Services(Temporary Service) Rules, 1965 in any way, because when a temporary Government servant submits a letter of resignation without invoking the provisions of the said Rules, they will not come into picture.

(MHA OM No. 4/1/65-Ests. (C) dt 25.5.66.)
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
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5. Termination of temporary service.

(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.


e. Where no action is taken by Government under sub-rule (2) or (3)
or (4), 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.


The relevant portions of the referred law are appended above.

As per the provisions of referred law, you are very much eligible for seeking termination of temporary employment, therefore you can take up the mater legally.
First exhaust the remedies available within the organisation by sending a legal notice quoting the relevant provisions of law seeking remedy and reliefs, if the authorities do not give a favorable reply, you may approach this issue legally. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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Hi
 Your notice of Termination under existing rules is just and right and the reason not accepting the same is not justifiable.

It seems your higher officer has not paid much attention to the rules which are clear in even a plain reading.

You should send a legal notice demanding  acceptanc eof your termination Notice and your reliving from the office.
Once the notice send to the department it will be looked by the legal department and the issue will be treated as per the rules.
if in case the department  continue to sit on its adamant  attitude, you need to move to court seeking an order on the same in the civil court.. 
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
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The correct interpretation is th one what you have chosen.  You are within the law and absolutely right in your understanding that yo have not resigned but seeking termination under the said provisions for which there is no need for paying three moths salary. Your HOD is not the competent authority.  you may make a written representation i this regard to the top management, exhaust the remedies and then plan to initiate legal process if there is no positive response. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
1) there is no question of forfeiture of your 3 months salary 

2) you have exercised your right under para 5(1) for termination of your services . 

3) the provisions of para 17 A of CPF rules would not be attracted as termination is different from resignation or discharge 
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0

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