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Notice period

(Querist) 19 November 2018 This query is : Open 
I m Delhi govt employee..I HV completed my probation period...in service from 2014...now I HV selected on ESIC on same post under central govt...is there any notice period....my employer asked me to serve three month notice period... I HV not time to serve this...and want instant resignation... employer asking me to pay three month salary..jbki sevice rules notice period ke bare mei silent hai....kya mujhe 3 month salary pay Karni Chahiye
PARDEEP KUMAR (Expert) 19 November 2018
There is no rule requiring a Central/Delhi Government employee to pay salary in lieu of notice period. The specific clarification is there in Swamy 'Pay rule made easy'. If you intend to simply resign it can be tendered anytime. However if you wish to tender technical resignation then some time should be given for it's a acceptance. Remember resignation in all circumstances is subject to acceptance. Since the post is same and you haven't explained the reason to forego 4 years of your service, it is advisable that you may reconsider your decision. Appears you are working in Health sector.
Dr J C Vashista (Expert) 20 November 2018
No appointment can not avoid to include the condition of service of notice period or payment of some (generally 3 months) amount in lieu thereof to the employer.
Concept of technical resignation do not apply in instant case.
Contact and consult a local prudent lawyer practicing service matters for better appreciation of documents/ facts, professional advise and proceeding.
Dr J C Vashista (Expert) 20 November 2018
@ Radha,
Avoid use of SMS lng wc is dfclt to prsm wt u wnt 2 sy, if you are seeking obligation of experts.


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