Resignation during probation period
Harshavardhan
(Querist) 20 July 2017
This query is : Resolved
Sir,
I am an ex-servicemen (officer) and i have been re-employed in the Central Government (coast guard) from the last 8 months. My appointment letter indicates that i am under probation for a period of two years which implies that i am in probation period. I want to resign from the present service due to domestic issues. I have following queries:-
(a) Can i resign by giving a notice period of one month as specified in Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965.
(b) If not, what is the procedure to resign and under what rules.
Rajendra K Goyal
(Expert) 20 July 2017
Agree with the expert Perfect Solutions_askon5star@g
Harshavardhan
(Querist) 20 July 2017
thankyou sir,, but i am still under confusion. My appointment letter is as under. I reported for duties on 01 Nov 16 immediately after retirement from navy same day. And option as per para 5, i have not submitted till date...please guide me accordingly..
"APPOINTMENT IN THE POST OF COMMANDANT (JG) (GENERAL DUTY)
1. With reference to your application for re-employment in the indian coast guard, you are hereby informed that you have been selected for appointment in the coast guard in the rank of commandant (JG) (General Duty), on re-employment basis.
2. The present pay band for this rank is Pay band-3 (Rs 15600-39100 +Grade Pay Rs 7600/-) (revised level 12 in Pay Matrix ) and your pay will be fixed as per the relevant rules.
3. You will also be entitled to draw dearness allowances and other allowances at the rates as admissible and subject to the conditions laid down in the rules and orders governing the grant of such allowances in coast guard from time to time.
4. The salient terms of appointment will be as follows:-
(a) You will be on probation for a period of two years from the date of your appointment. While you are on
probation, your services may be terminated at any time without assigning any reason. removal from probation
will be considered subject to your satisfactory performance in the service.
(b) The appointment carried the liability to serve in any part of India or abroad.
(c) On joining the Coast guard, you will be governed by the Coast Guard Act 1978 and the statutory rules
framed thereunder.
(d) You will be required to submit following certificates in original (returnable) - 10 th and Degree certificate.
5. You are eligible to count your previous commissioned service in the Indian Navy for promotion as admissible under the rules. You are also eligible to count your previous commissioned service for the purpose of pension under CCS(Pension) Rules 1972. But in case, you desire to count your naval service for pension purposes, you will not be entitled for gratuity towards service rendered in the Indian Navy. You may submit your option in this regard to CGHQ for counting of your service for pension within one year from the date of your appointment in Coast guard.
6. You are to report to _____ for duties before 01 Nov 16 for duties.
7. You are acknowledge receipt of this letter and intimate date of reporting to the CGHQ under intimation to ____.
(Signed xxxx), PD, for DG
Kumar Doab
(Expert) 21 July 2017
Your query has changed from resignation to choice.
Kumar Doab
(Expert) 21 July 2017
What exactly is your dilemma!
You have to exercise your option.
Harshavardhan
(Querist) 21 July 2017
Sir,, ...my requirement is - I want to RESIGN as early as possible. (just to clearly bring out my present case i indicated that i have not replied to Para 5 of appointment letter). Kindly suggest me
Harshavardhan
(Querist) 23 July 2017
Experts please reply....I am re-posting my requirement...I am an ex-servicemen (officer) and i have been re-employed in the Central Government (coast guard) from the last 8 months. My appointment letter indicates that i am under probation for a period of two years. I want to resign from the present service due to domestic issues. I have following queries:- (a) whether Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 is applicable to me. if so Can i resign by giving a notice period of one month as specified in Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 . (b) If not, what is the procedure to resign and under what rules.
..my appointment letter is as under.
"APPOINTMENT IN THE POST OF COMMANDANT (JG) (GENERAL DUTY)
1. With reference to your application for re-employment in the indian coast guard, you are hereby informed that you have been selected for appointment in the coast guard in the rank of commandant (JG) (General Duty), on re-employment basis.
2. The present pay band for this rank is Pay band-3 (Rs 15600-39100 +Grade Pay Rs 7600/-) (revised level 12 in Pay Matrix ) and your pay will be fixed as per the relevant rules.
3. You will also be entitled to draw dearness allowances and other allowances at the rates as admissible and subject to the conditions laid down in the rules and orders governing the grant of such allowances in coast guard from time to time.
4. The salient terms of appointment will be as follows:-
(a) You will be on probation for a period of two years from the date of your appointment. While you are on probation, your services may be terminated at any time without assigning any reason. removal from probation will be considered subject to your satisfactory performance in the service.
(b) The appointment carried the liability to serve in any part of India or abroad.
(c) On joining the Coast guard, you will be governed by the Coast Guard Act 1978 and the statutory rules framed thereunder.
(d) You will be required to submit following certificates in original (returnable) - 10 th and Degree certificate.
5. You are eligible to count your previous commissioned service in the Indian Navy for promotion as admissible under the rules. You are also eligible to count your previous commissioned service for the purpose of pension under CCS(Pension) Rules 1972. But in case, you desire to count your naval service for pension purposes, you will not be entitled for gratuity towards service rendered in the Indian Navy. You may submit your option in this regard to CGHQ for counting of your service for pension within one year from the date of your appointment in Coast guard.
6. You are to report to _____ for duties before 01 Nov 16 for duties.
7. You are acknowledge receipt of this letter and intimate date of reporting to the CGHQ under intimation to ____.
(Signed xxxx), PD, for DG
krishna mohan
(Expert) 26 July 2017
I understand that you want to resign. But para 5 relate to counting your past service for pension and all other purposes except gratuity. Hence I am of the view you submit resignation as per notice period required and seek for relief. Competent authority will have power to relax the notice period during probation and hence your requirement can be met.
Harshavardhan
(Querist) 27 July 2017
okay.. thanks...can someone guide me with the legal format to be put up to authorities in writing
Kumar Doab
(Expert) 27 July 2017
Take help of a senior, LOCAL very able counsel of unshakable repute and integrity specializing in service matters.
