Absconding from job
Soumen
(Querist) 24 September 2016
This query is : Resolved
Respected Sir,
Sir I had got appointment as a SSE(Gr.C) in railways with 5 year bond period, in which I had signed. Sir I joined the job as a Trainee and went to the office for 4 days. After that I took an extension of 3 months for completing my M.Tech degree on medical grounds (I sent it from home) which was ongoing at the time. But then I did not return. It has been one year now from the date of joining. I did not make my salary account, did not give my PAN no. and therefore I have not received any salary. Also I did not issue any I-card or anything from the office. It has been one year and I have not received any notice regarding that. I have got another govt. job (Gr. A) and want to take that up. Will it be a problem in the future??
I had tried resigning once but the chain of phone calls never seem to end.
Ms.Usha Kapoor
(Expert) 25 September 2016
You meet your Former employer and get relieving order and other formalities and and and through proper channels you join your new job.
Sudhir Kumar, Advocate
(Expert) 25 September 2016
You are still in the service of railways.
you did not claim salary for 4 days IT WAS YOUR CHOICE
you did not return to duty. IT WAS YOUR CHOICE
you applied for leave and call it extension IT WAS YOUR CHOICE
railways have taken no action IT IS THEIR MERCY.
Kumar Doab
(Expert) 25 September 2016
You may avoid to conceal.
Apply your skills and resources to get relieved.
It may be denied as it may set a precedence.
Employee should always act with responsibility.
Soumen
(Querist) 25 September 2016
Sir, Thank you for your advises. But Sir I had called them and they told me that if I don't do anything it will get automatically cancelled as I was a TRAINEE, but after a total of 3 years. If I write a letter asking to be relieved they would be able to call the next person. I want to do the second, but will it hamper my future?? Sir, I can assure that it wont happen in the future.
Kumar Doab
(Expert) 25 September 2016
The internal and private practices are not known to us.
Apply your own resources and verify and decide in your best interest.
Rajendra K Goyal
(Expert) 25 September 2016
If you have joined, you are in service till they terminate or you resign.
Discuss with association leaders, try to get matter resolved.
However, the association leaders can also twist your arm / exploit / make issue for their other problem solved in the background of your problem.
Raj Kumar Makkad
(Expert) 25 September 2016
Your issue is straight and simple. You shall have to submit resignation letter and have to obtain NOC from Railways which is not a big issue.
As you had joined n the service of Railways so still you are in service despite of expiry of one year and non-communication between you.
Get it done as earliest as possible without involving third party.
Sudhir Kumar, Advocate
(Expert) 25 September 2016
"I was a TRAINEE, but after a total of 3 years. If I write a letter asking to be relieved they would be able to call the next person. I want to do the second, but will it hamper my future?? Sir, I can assure that it wont happen in the future.
"
not understood what do you mean.
you have been told the rule position
Soumen
(Querist) 25 September 2016
Sir Kumar
Sir, I mean this: According to them there are two ways:
a) I don't do anything. I don't send my resignation letter. Then they will cancel my candidature after 2 more years (1+2) automatically
b) I send a resignation letter, then they cancel my name from the attendance register and show the position as vacant and go for next recruitment within a few months.
Sir my problem is this: I will have to send the resignation letter to the DRM and I fear that they may feel that I am too late to give this letter and take action against me.
Is it possible for them to take action against me, which will hamper my future?
Kumar Doab
(Expert) 25 September 2016
The internal and private practices are not known to us.
Apply your own resources and verify.
The bar by limitation, if applicable in your case, may not let the employer to initiate any claim against you.
Sudhir Kumar, Advocate
(Expert) 25 September 2016
"I don't send my resignation letter. Then they will cancel my candidature after 2 more years (1+2) automatically"
YOU APPEAR TO HAVE OBSESSION TO LIVE IN MISCONCEPTION.
YOU HAVE JOINED SO YOU ARE NOT AT ALL A CANDIDATE.
HOW DO YOU GUARANTEE THAT UNLESS YOU RESIGN THEY MAY NOT DISMISS YOU FORM SERVICE RENDERING TO INELIGIBLE FOR ENTIRE LIFE FOR ANY GOVT JOB?
Sudhir Kumar, Advocate
(Expert) 25 September 2016
"Sir my problem is this: I will have to send the resignation letter to the DRM and I fear that they may feel that I am too late to give this letter and take action against me. "
IF THEY INTENDED TO TAKE ACTION THEY COULD HAVE DONE SO FAR.
YOU HAVE TO FORGET ABOUT JOINING ANOTHER DEPTT WITHOUT REGISTRATION
Sudhir Kumar, Advocate
(Expert) 25 September 2016
"Is it possible for them to take action against me, which will hamper my future? "
YES.
THEY CAN INITIATE CASE OF UNAUTHORIZED ABSENCE AND CAN DISMISS YOU FROM SERVICE WHICH IS PERMANENT DISQUALIFICATION FOR ANY JOB.
Kumar Doab
(Expert) 25 September 2016
Apply your own resources and verify.
Once you are fully satisfied and properly informed, act and defend your interest.
The employees that are working with the establishment shall take any onus on them.
Raj Kumar Makkad
(Expert) 25 September 2016
You shall have to send resignation to DRM whatever its results may be.
As per my experience, it shall be got accepted and you shall be relieved accordingly treating in between period as extra-ordinary pay, if try for that.
Guest
(Expert) 25 September 2016
You have invited a long list of problems for you. You have a dire need to take help of some service laws expert to adopt certain preventive measures.
Best of luck!
Raj Kumar Makkad
(Expert) 25 September 2016
Now it is your turn to act upon fast rather to sleep like your history.
Sudhir Kumar, Advocate
(Expert) 26 September 2016
before going for services of service law expert you have to seek mercy of the deptt and get resignation accepted.
Guest
(Expert) 26 September 2016
Even if the author gets mercy of his previous employer, still the offence of double employment and deceiving the new employer by concealing the facts cannot be ignored.
Raj Kumar Makkad
(Expert) 26 September 2016
I do agree with the observation of Ld. Dhingra ji that double employment is also an offence on the part of author.
Rajendra K Goyal
(Expert) 26 September 2016
Well observed and commented by the expert P.S. Dhingra ji.
Kumar Doab
(Expert) 26 September 2016
You have grossly erred.
Employee should always consult beforehand and avoid such transgressions.
It might be possible to get out of the mess.
Consult your able counsel and act on strategy., if any, to rescue you.
Sudhir Kumar, Advocate
(Expert) 26 September 2016
I repeat.
no need to meet any counsel.
you do not have any actionable wrong point of the deptt which you can challenge.
you just need their mercy.
