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Thread: Notice Period to join new establishment though Applied through proper Channel

  1. #1
    Junior Member venkykomera is on a distinguished road
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    Default Notice Period to join new establishment though Applied through proper Channel

    Sir,

    I am now working in Employees P.F. Organization (EPFO) for the past 3 years and 5 months. I am a confirmed employee in the said organization in the capacity of Social Security Assistant (UDC Cadre)

    I have applied to the post of Assistant in Council of Scientific and Industrial Research (CSIR) through proper channel and selected after undergoing a national level open competitve examinationa and also Interview. I also obtained NO OBJECTION CERTIFICATE form the present Employer (EPFO) and submitted the same during my Interview for the said post of Assistant (with grade pay 4200) in CSIR. Now I am selected.

    I requested for relieving while tendering Technical Resignation.

    But.. the competent authority is insisting on Notice period of Three Months or Three Months Pay in lieu there of.

    Now.. I require the following clarifications
    1. The EPFO is a statutory body under the ministry of labour and CSIR is a a premier research institute, under the ministry of Science and technology. The concept of Technical Resignation is valid in my case?

    2. Do I really need three months notice in my case or have to pay three months pay?

    3. An order stating that three months pay has to be paid to get relieved. What is the meaning of Pay in this context? Is this Basic + GP only?

    4. If the New Employer is not giving the Three months time to join, and the present employer is not relieving immediately and insiting on payment of three months pay.. then What I have to do?

    5. In my case...Am I eligible for the encashment of earned leave at my credit?

    I humbly request you to clarify the above doubts.. if any other info required let me know.. I will inform the same..

    Thank you very much in advance

  2. #2
    Junior Member venkykomera is on a distinguished road
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    Default Please.. Help me by answering my query...

    Dear Friends...Why Nobody is responding to my query? Is this question too complicated?
    I request all to help me in replying to the query...Literally.. speaking.. I am praying you all to answer my query.. as I am in need of an answer to this query

    Thank you very much in advance

  3. #3
    Senior Member Victor is on a distinguished road
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    As per GOI rules there is no provision for notice period or payment of three months pay in cases of permanent absorption in another organisation.

    Kindy check with your admin and ask for the relevant rule/order under which the demand has been made.

    You are elgible for encashment of earned leave as CSIR may not give you salary for availing leave earned during your previous service. Also you can count your service rendered in EPFO towards pension in CSIR. However, EPFO is required to pay to CSIR the pensionary benefits on absorption in CSIR.

    Victor

  4. #4
    Junior Member venkykomera is on a distinguished road
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    Quote Originally Posted by Victor View Post
    As per GOI rules there is no provision for notice period or payment of three months pay in cases of permanent absorption in another organisation.

    Kindy check with your admin and ask for the relevant rule/order under which the demand has been made.

    You are elgible for encashment of earned leave as CSIR may not give you salary for availing leave earned during your previous service. Also you can count your service rendered in EPFO towards pension in CSIR. However, EPFO is required to pay to CSIR the pensionary benefits on absorption in CSIR.

    Victor
    Dear Vicotji...
    Thank you very much for your reply..
    I still need some other people's suggestions in this regard
    Hence I once gain request other people's valuable suggestions in this regard, Ihope I will receive some more answers to me

  5. #5
    Senior Member tvenkatam is on a distinguished road
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    Dear friend,

    The reply of Mr. Victor holds good.

    Please also ensure that you are not covered under CCS (Temporary Service) Rules, 1965.

  6. #6
    Junior Member venkykomera is on a distinguished road
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    Quote Originally Posted by tvenkatam View Post
    Dear friend,

    The reply of Mr. Victor holds good.

    Please also ensure that you are not covered under CCS (Temporary Service) Rules, 1965.
    Sir,
    My Probation was declared and I am a confirmed employee. The CCS (Temperory Service) Rules,1965 are applicable to me?
    Please let me know.. The Rule/Regulation in The CCS (Temperory Service) Rules,1965 pertaining to my case.
    I am also covered under New pension Scheme (NPS). I hope The Central Civil Service (pension) Rules,1972 may also not applicable in my case. Am I right ?
    A part of regulation 18 of the Employees Provident Fund (Officers and Employees' Conditions of Service) Regulations, 2008 states as follows:
    " ..........and other conditions of service for which no provision or insufficient provision is made in these regulations, the central Civil Service rules as set out in schedule I, shall apply mutatis mutandis to the employees' of the e.p.f. organisation......"

    The Schedule I annexed to the said regulations also contains The Central Civil Service (Temperory Service) Rules, 1965.

    The complete regualtions can be accessed from the following url
    http://www.epfindia.com/Circulars/Ga...PFRegu2008.pdf

    Please guide me further.

    Thank you very much
    Last edited by venkykomera; 16-12-2010 at 08:27 PM.

  7. #7
    Senior Member tvenkatam is on a distinguished road
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    Quote Originally Posted by venkykomera View Post
    Sir,
    My Probation was declared and I am a confirmed employee. The CCS (Temperory Service) Rules,1965 are applicable to me?
    Please let me know.. The Rule/Regulation in The CCS (Temperory Service) Rules,1965 pertaining to my case.
    I am also covered under New pension Scheme (NPS). I hope The Central Civil Service (pension) Rules,1972 may also not applicable in my case. Am I right ?
    A part of regulation 18 of the Employees Provident Fund (Officers and Employees' Conditions of Service) Regulations, 2008 states as follows:
    " ..........and other conditions of service for which no provision or insufficient provision is made in these regulations, the central Civil Service rules as set out in schedule I, shall apply mutatis mutandis to the employees' of the e.p.f. organisation......"

    The Schedule I annexed to the said regulations also contains The Central Civil Service (Temperory Service) Rules, 1965.

    The complete regualtions can be accessed from the following url
    http://www.epfindia.com/Circulars/Ga...PFRegu2008.pdf

    Please guide me further.

    Thank you very much
    Dear friend,

    All employees entering into Government service are covered under the CCS (TS) Rules, 1965 unless they acquire a lien in the post held by way of quasi-permanent/ substantive appointment. In your case since you do not seem to have been declared Q.P or substantive in the post, you do not hold a lien in your present post and the provisions of CCS (TS) Rules, 1965 are applicable to you.

    In the absence of any lien, you will have no other option but to simply resign and join your new organization. Grant of NOC for application to a new post does not automatically confer on you the benefit of technical resignation. However, you will not be required to serve the notice for resigning or repay the salary equivalent if you submit a simple resignation. The authority concerned may either relieve you immediately or retain you till such period as the exigencies of work may require. GID (6) below Rule 5 of CCS (TS) Rules, 1965 (link below) may be studied for further details.
    http://www.persmin.nic.in/EmployeesC...S%29_Index.asp

  8. #8
    Junior Member venkykomera is on a distinguished road
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    Dear tvenkatam,
    Thank you for the clarification... but frankly speaking.. I am still confused.. I am aa confirmed employee. So.. I am on substantiative post now... Am I right? Does all the Central Government departments give any written communication to the employee stating that his post is on substantiated capacity? The officer has give a letter asking me to remit three months pay. I request you that, have you ever come across any such provision any where , if so please enlighten me and possible.. provide me the link on the internet.
    Thank you

  9. #9
    Senior Member tvenkatam is on a distinguished road
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    Dear friend,

    Every employee in the Government is specifically declared Quasi-permanent or substantive by an order. Closure of probation is different and acquiring a lien to the post is different. Till such time of declaration of Q.P/Permanency the CCS (TS) Rules, 1965 will be applicable.

    In your case, the enforcement of notice period by your office invoking CCS (TS) Rules, 1965 is unfortunate and could have been avoided.

  10. #10
    Junior Member venkykomera is on a distinguished road
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    Quote Originally Posted by tvenkatam View Post
    Dear friend,

    Every employee in the Government is specifically declared Quasi-permanent or substantive by an order. Closure of probation is different and acquiring a lien to the post is different. Till such time of declaration of Q.P/Permanency the CCS (TS) Rules, 1965 will be applicable.

    In your case, the enforcement of notice period by your office invoking CCS (TS) Rules, 1965 is unfortunate and could have been avoided.
    Sir,
    Thank you for the clarification. In the link provided with regard to CCS (TS) Rules,1965... is there any provision or rule or regulation stating that " remit three months pay or three months notice in lieu there of " have you come across such rule? I am unable to trace such rule. Please help me in this regard... With humble request I am asking this question. Excuse me If I trouble you in this regard.
    Thank you very much in advance

  11. #11
    Senior Member tvenkatam is on a distinguished road
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    Dear friend,

    According to the available copy of CCS (TS) Rules, 1965 the notice period is one month only. I do not know if this has since been revised.

    Under CCS (TS) Rules, 1965 there is no provision for the office to ask the employee to get terminated by issuing either the notice or by remitting the pay in lieu thereof. It is up to the employee concerned to opt for the provision under TS Rules to seek termination (on his own volition) by issuing one month’s notice/remitting one month pay. Alternatively the Department can terminate the employee on the same terms. A person desiring to simply resign his post can not be forced to get terminated under these rules. That is why I opined it to be an unfortunate decision of your office. You must sort it out with your authorities by convincing them with the facts. Government of India's Decision (6) below Rule 5 of CCS (TS) Rules, 1965 will be of help to you.

  12. #12
    Junior Member venkykomera is on a distinguished road
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    Sir,

    Thank you for your valuable opinions, views and also suggestions. I request all other senior members opinions in this regard. Hence I urge other senior members respond to the query.
    Thank you

  13. #13
    Junior Member Hemant Joshi is on a distinguished road
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    Default Termination of lien

    Dear Friends,

    I joined JMI university on direct recruitment after applying through proper channel in December 2006. The University refused to count my past services but confirmed me from 7-12-2007. However I was on lien from my previous Institute for two years so I resigned from the university job before completion of my lien period and returned to my parent Institute.
    My parent Institute is now saying that we could not have taken you back as your were already confirmed in Professors post. Niether the University nor the Institute had initiated any process of my absorption?

    What is the rule position in this regard? can anyone please inform me.

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