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Mohd Shadab   15 April 2018

Dual employment

sir /madam
I was employed to dept X for the past 1.5 years but i got selected in dept Y . So i resigned from dept X on 9 th January and joined the Y dept on 15 of January. But i was issued a letter that the resignation dated 9th January is accepted with immediate effect but the letter is dated 15th January AN from dept X and given me salary upto 15th January.
Now my new dept is threatening me to dismiss and take further legal which spoil my career,they r saying this is a case of dual employment of one day i.e 15 th of January.
so now what should i do to avoid this action.
If my dept X refuse to amend my reliving order will i be in trouble?



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 25 Replies

R.Ramachandran (Advocate)     15 April 2018

On What  date you submitted the letter of resignation?

In your letter, what date you said that you want to resign from?

Whether you joined the new department without getting the letter of acceptance of your resignation from the old department? 

 

Mohd Shadab   15 April 2018

i submitted it on 09/01/2018

I said i want to resign on 09/01/2018 with immediate effect.

Yes, because the last date of joining the new department was 15/01/2018 and after that i would loose my employment opportunity.

R.Ramachandran (Advocate)     15 April 2018

When did you come to know that last date for joining the new department was 15.1.2018?

What reason did you give to your old department for resigning?

Mohd Shadab   15 April 2018

on 28 th of December but I was ill upto 7th Januaryit was written in the appointment letter

I gave unconditional resignation to the old department.

also, I gave a resignation on 22/12/17 which was not accepted saying that u have to come to the office and do all the formalities personally.

Kumar Doab (FIN)     15 April 2018

Originally posted by : Mohd Shadab
sir /madam I was employed to dept X for the past 1.5 years but i got selected in dept Y . So i resigned from dept X on 9 th January and joined the Y dept on 15 of January. But i was issued a letter that the resignation dated 9th January is accepted with immediate effect but the letter is dated 15th January AN from dept X and given me salary upto 15th January.Now my new dept is threatening me to dismiss and take further legal which spoil my career,they r saying this is a case of dual employment of one day i.e 15 th of January.so now what should i do to avoid this action.If my dept X refuse to amend my reliving order will i be in trouble?

The resignation vide your letter dated; 09.01.2018 is accepted from 09.01.2018 as expressed by you....

However  IT has taken about 6 days to communicate ..to you acceptane from date communicated by you i.e. with immediate effect..

So the letter is  dated 15.01.2018...but resignation is acccpeted from 09.01.2018..

Believing that you have not marked atendane on 15.012018, since you joined nex establishment on this date you have not worked on 15.012.018 with previous establishment......

The previous establishment seems to have processed salary by error and disbursed IT.

You could have written under proper acknowledgment narrating errors and refunded excess salary....and asked to send you corrected record..

Kumar Doab (FIN)     15 April 2018

If your service rules narrate that you have to handover the charge/complete exit formalities then you were asked to complet and you seem to have complied...

You seem to have completed the fomalities before joining.

Isn't IT.

Kumar Doab (FIN)     15 April 2018

Originally posted by : Mohd Shadab
on 28 th of December but I was ill upto 7th Januaryit was written in the appointment letterI gave unconditional resignation to the old department.also, I gave a resignation on 22/12/17 which was not accepted saying that u have to come to the office and do all the formalities personally.

You could have either requested previous establsihment to issue acceptance before this date by informing the DOJ...

or requested next one to allow joining after getting acceptance of resignation...

 

Request the authorities by expalining the instances..

Mohd Shadab   15 April 2018

I don't have any problem regarding salary but they are saying that the date of reliving will be considered on 15/01/2018 i.e date of approval. i had done a mistake by not waiting for approval of the resignation and directly joined the new dept.

Mohd Shadab   15 April 2018

I had given my resignation on 09/01/18 and completed all formalities on 11/01/18. Yes had done all the formalities but the approving officer was on tour on 11&12/01/18 so it was not approved untill 15/01/18 and that is where all problems were created. Please help otherwise the present department is threatening me to take criminal action against me regarding this issue.

R.Ramachandran (Advocate)     16 April 2018

You say:  ""it (my resignation) was not approved untill 15/01/18 and that is where all problems were created.

 

But instead of telling all these vital material details, in your first post, you simply said "So i resigned from dept X on 9 th January and joined the Y dept on 15 of January. But i was issued a letter that the resignation dated 9th January is accepted with immediate effect but the letter is dated 15th January AN from dept X and given me salary upto 15th January.

 

Still you have not answered my query as to what reason you stated in your resignation letter.

So when seeking some solution/answer to your problem, you should realise that this sort of truncated and half-hidden facts, will not help you.

And whatever solution one gives based on half-truths will not be of any help to you.

Mohd Shadab   16 April 2018

I haven't given any reason in the resignation. I had just given an 'unconditional' resignation.

Mohd Shadab   16 April 2018

sorry sir I am really scared with the problem that my career will be affected from this issue.

R.Ramachandran (Advocate)     16 April 2018

Request your old office to issue the acceptance of resignation from 15.1.2018 Forenoon instead of Afternoon.  On this basis, the old office will recover one days salary (of 15.1.2018) wrongly paid to you.

This should solvage your situation.

You have to necessarily, approach in person and request at your old office.

Mohd Shadab   16 April 2018

ok sir i am going personally to the old office and will request them to relieve me on 12/01/18, (13&14 being holiday) bcoz i joined the new office on 15/01/18 forenoon. If i request them to relieve me on 15th jan forenoon then also there will be an issue bcoz the offices are 700 km away from each other so not possible to join in the forenoon. sir please tell me if they do not consider this what will be the consequences for me in the future. will there be criminal proceedings against me???

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