• Service bond transfer

Sir, presently I am working in NHPC Ltd as Engineer in executive cadre since 5th Dec,2011. When I joined NHPC Ltd I had executed a service bond of 2.5lacs to serve 4 years in NHPC Ltd and which will be expired on 04th Dec,2015.
Now I am selected for the post of Manager (Industry) in Punjab National Bank. My application for this post was forwarded through proper channel from NHPC Ltd accordingly I got No Objection Certificate also.
While forwarding my application and in NOC it was clearly mentioned that In case the applicant selected for the post of Manager, the PNB have to take a fresh bond from applicant to serve the PNB for the balance period of Service bond i.e. up to 04.12.2015.
After that even though repeated requests to HR Dept,PNB to accept to take a fresh bond from my self to serve PNB for balance period of bond, the HR Dept,PNB is not accepting to  take it.
I sent DPE Guidelines (DPE O.M. No. 15(2)/2003-DPE(GM)/GL-57 dated 29th July, 2004), and Govt of India circular 28021/1/84-Estt (C) dated:14.11.84 aslo. Even though they are not accepting to transfer bond,
The PNB is having separate bond of 2.0lacs for 3 years. I also agreed to give both bonds. Even though they are not accepting.
Now I am in a very desperate condition I cannot pay 2.5lacs to NHPC Ltd and I like to join PNB.
I am not understanding what to do. Even though rules are suggesting to take a fresh bond to serve balance period of bond they are not accepting.
Please give me suggestions sir.
If I apply to WRIT petition, how much time it will take to solve my problem. I am also thinking and doubt that if i do legal process now, they may create problems to me after joining in PNB in keeping this thing in mind.
The last date for joining in PNB is 21.10.14. My resignation process is also halted due to this service bond issue.
Really frustrated sir. Please help me.
Asked 2 years ago in Civil Law from Siliguri, West Bengal
1)there is a DPE Guideline which lays down that in case if an employee is shifting from a PSU to PSU or government the service bond should be transferred to the new employer. 

2) if PNB is refusing to follow the guidelines your only option is to file Writ petition in this regard . 

3)you should get interim orders within period of one month . 

4) if you want the job with PNB you have to fight for your rights . you have applied through proper channels . obtained NOC for applying for job with PNB .under circumstances PNB should accept bond for balance period 

5) contact a local lawyer .
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
It is totally arbitrary on the part of PNB for not accepting and following DPE Guidelines.Hence, you have only option to file writ petition and seek directions to PNB.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Service Bond can be transferred from One PSU to another PSU or you can say one Organization to another Organization that may be PSU(Public Sector Undertakings), Central Govt., State Govt Job, just employee need to take care of some basic things like applying through proper channel, NOC, Intimation for exam to previous employees 

If they don't accept the same immediately file a writ petition against them as it is in violation of natural justice and seek direction to accept the same.providing you a case law too

Enforcement/transfer of bond in respect of employees of Public Enterprises who leave the services of one Undertaking to join another Undertaking/ Government. (DPE O.M. No. 15(2)/2003-DPE(GM)/GL-57 dated 29th July, 2004)
 
CHAPTER II
PERSONNEL POLICIES
(c) Service Matters
29. DPE/Guidelines/II(c)/29
Enforcement/transfer of bond in respect of employees of Public Enterprises who leave the services of one Undertaking to join another Undertaking/ Government.

The undersigned is directed to refer to this Department’s OMs No. BPE/GL-017/77/MAN/2(11)/75-BPE(GM-I) dated 13.6.1977 and 23.5.1981 and No. 17/20/84-GM dated 5.2.1985 on the subject mentioned above, which were deleted vide this Department’s O.M. No. 20(5)/95-DPE(GM) dated 10th December, 1997. After deletion of these guidelines, Department of Public Enterprises received references from various quarters for revival of these guidelines to enable them to regularize enforcement/ transfer of bond in the case of public sector employees joining services in Central Govt./State Govt./Autonomous Bodies. The position has been reviewed and after careful consideration, it has been decided to revive this Department’s OMs dated 13.6.1977, 23.5.1981 and 5.2.1985 with the following modifications:

(a) The bond executed by employees of the Public Enterprises, who have received scientific/technical training at the cost of Public Enterprises and have applied through proper channel during the currency of the bond join Central Govt./State Govt. services or take up employment under quasi-government organizations or any other public enterprise either on the basis of competition examinations/tests/interviews organized by those organizations or the Union Public Service Commission should not be enforced subject to the condition that a fresh bond is taken to ensure that the employee serves the new employer for the balance of the original bond period.

(b) The terms of bond whereby an employee of a Central public enterprise receiving scientific and technical training out the expenses of the Govt./Public Sector Enterprises undertakes to repay this specified amount in the event of his failure to serve the enterprise for a stipulated period after completion of his training should not be enforced against an employee who leaves service of public enterprise to secure, with proper permission, employment under the Central Govt., a public enterprise or an autonomous body wholly or substantially owned/financed/controlled by the Central/State Govt. A fresh bond should be taken from the person concerned to ensure that he serves the new employer for the balance of the original period.

(c) To ensure that the requirement of obtaining a fresh bond from a person, where necessary, is fulfilled, the enterprise with whom the employee has executed the original bond may at the time of forwarding his application write to the organization etc. under whom the employee intends to take up another appointment intimating them about the bond obligation of the individual and clarifying that in the case of his selection for the new post, his release will be subject to the condition that the new organization take from him a fresh bond binding him to serve them for the balance of the original bond period; in case he fails to serve the new department/organization etc. or leaves it before completion of the original bond period for a job where exemption from bond obligation is not available, the proportionate bond money should be realised from the individual and refunded to the first organization with whom he originally executed the bond.

2. All the administrative Ministries/Departments are requested to kindly issue necessary instructions accordingly to the public sector enterprises under their administrative control.
See 
Percept D Mark (India)Pvt. Ltd. Vs. Zaheer khan(2006)4 SC 227. B
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. This propeblem was posted earlier. you need to find out whether PNB is thinking that the circular applicable on PSEs are not applicable on Public Sector Banks and find out whether they have any specific circular in this regard or not,

2. Or is it that some one of PNB has interpretated that the said PSE circular is not applicable on PSB? 

2. This is the crux of your problem,

3. Once you find out from where the and why the refusal to accept transfer of bond is arising, it will be easier to address the problem and arrive at the solution,

4. If you find that there is no specific circular with PNB in this regard, then you understand that the problem is the making of an individual or group who had their own interpretation of law,

5. You can go for WP against such incorrect interpretation praying for relief,

6. It hardly takes  1 to 2 months to get the order. In any case the Court will direct PNB to emply you even if the last date expires, should the Court so decides,

7. Do not worry about PNB's reprisal for your going to Court. It has a very strong Association,

8. You can also talk to the association now in this regard to get the insite of the problem created by the Bank.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Hello,
The instructions under DPE O.M. No. 15(2)/2003-DPE(GM)/GL-57 dated 29th July, 2004 is self explanatory and if PNB being another PSE is failing to comply then the only alternative you have is to approach the court for a directive to the bank.
If you move a writ petition it may take about 2 to 3 months to get an order.

Do not afraid of any backlash if you take legal assistance to enforce your rights .These objections are not coming from the bank as an organisation but some individual who needs an authoritative confirmation on the step to be taken.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
file a Writ petition before HC, it's take 7-15 days positivaly,
c) Service Matters
29. DPE/Guidelines/II(c)/29
Enforcement/transfer of bond in respect of employees of Public Enterprises who leave the services of one Undertaking to join another Undertaking/ Government.

The undersigned is directed to refer to this Department’s OMs No. BPE/GL-017/77/MAN/2(11)/75-BPE(GM-I) dated 13.6.1977 and 23.5.1981 and No. 17/20/84-GM dated 5.2.1985 on the subject mentioned above, which were deleted vide this Department’s O.M. No. 20(5)/95-DPE(GM) dated 10th December, 1997. After deletion of these guidelines, Department of Public Enterprises received references from various quarters for revival of these guidelines to enable them to regularize enforcement/ transfer of bond in the case of public sector employees joining services in Central Govt./State Govt./Autonomous Bodies. The position has been reviewed and after careful consideration, it has been decided to revive this Department’s OMs dated 13.6.1977, 23.5.1981 and 5.2.1985 with the following modifications:

(a) The bond executed by employees of the Public Enterprises, who have received scientific/technical training at the cost of Public Enterprises and have applied through proper channel during the currency of the bond join Central Govt./State Govt. services or take up employment under quasi-government organizations or any other public enterprise either on the basis of competition examinations/tests/interviews organized by those organizations or the Union Public Service Commission should not be enforced subject to the condition that a fresh bond is taken to ensure that the employee serves the new employer for the balance of the original bond period.

(b) The terms of bond whereby an employee of a Central public enterprise receiving scientific and technical training out the expenses of the Govt./Public Sector Enterprises undertakes to repay this specified amount in the event of his failure to serve the enterprise for a stipulated period after completion of his training should not be enforced against an employee who leaves service of public enterprise to secure, with proper permission, employment under the Central Govt., a public enterprise or an autonomous body wholly or substantially owned/financed/controlled by the Central/State Govt. A fresh bond should be taken from the person concerned to ensure that he serves the new employer for the balance of the original period.

(c) To ensure that the requirement of obtaining a fresh bond from a person, where necessary, is fulfilled, the enterprise with whom the employee has executed the original bond may at the time of forwarding his application write to the organization etc. under whom the employee intends to take up another appointment intimating them about the bond obligation of the individual and clarifying that in the case of his selection for the new post, his release will be subject to the condition that the new organization take from him a fresh bond binding him to serve them for the balance of the original bond period; in case he fails to serve the new department/organization etc. or leaves it before completion of the original bond period for a job where exemption from bond obligation is not available, the proportionate bond money should be realised from the individual and refunded to the first organization with whom he originally executed the bond.

2. All the administrative Ministries/Departments are requested to kindly issue necessary instructions accordingly to the public sector enterprises under their administrative control.

(DPE O.M. No. 15(2)/2003-DPE(GM)/GL-57 dated 29th July, 2004)
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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