Rejoining psb within 4 months after relieved

This query is : Resolved 
 


Querist : Anonymous (Querist)
25 March 2020

I had submitted resignation in a PSB due to my sudden posting to a remote location where there is no train or bus transport only through ship and air. As managing elder parents who are undergoing treatment is difficult i submitted representation as there is no medical facilities in new location however there is no reply from management. subsequently i submitted resignation after 3 months or reporting to new place. when i submitted resignation i was told i be transferred back to other place shortly but nothing happened and i got relieved now its been 3 months i submitted representation for rejoining as my intention is never to leave the job its due to circumstances and personal problems which i faced because of my abrupt transfer to remote location and my dues are not settled and i am confirmed employee of PSB and got regular promotion also in my service time. Now i would like to know is PSB have any such provision of retaking employee who relieved 3 months before.


Raj Kumar Makkad (Expert)
25 March 2020

Your resignation was not conditional and after acceptance of your resignation legally there is no scope of rethinking by the employer, however, you should make representation to concerned authorities mentioning the reasons leading to tendering resignation and subsequent letter of PSB intimating the transfer to some other place.


Querist : Anonymous (Querist)
26 March 2020

thank you for your valuable advice. One more point i would like to get advice , i was recruited by the PSB as a Credit Specialist officer i joined PSB after 9 years of experience in private banks in credit roles. after joining i got promotion and after promotion also i am a specialist officer. When i got transferred to remote location the role is a branch head role which is branch banking operations not the credit role which bank has recruited for. As per the notification of my recruitment and all bank internal guidelines a specialist officer should be assigned specialist role only. I have neither accepted the transfer order in writing anywhere. When i enquired other regional offices they also told my transfer is a mistake as specialist officer should not be posted as generalist officer no region is doing like that. Does i have any valid point on this reasons.

Raj Kumar Makkad (Expert)
26 March 2020

Your point is valid supported by other regional officers of your bank and other banks also but the crux issue is that whether you objected the notification transferring you as a branch head on this ground or not. As per facts already posted by you, you made representation to transfer you at some other place so that you may care for your ailing parents and when the higher officials didn;t respond till 3 months of making such representation then you resigned and as soon as you resigned, you received the order of transfer but ultimately you got relieved accepting your resignation.
This is your after-thought but still the same is a good point for the agitation of your case.

Raj Kumar Makkad (Expert)
26 March 2020

Better to make a detailed representation to Bankers Ombudsman also along-with the bank management.


Querist : Anonymous (Querist)
26 March 2020

Thank you for the valuable guidance sir. I will little elaborate my case. Till June 2019 i am the second incharge of a very big branch handling corporate loans in June 2019 new regional and zonal head joined and till June 2019 i am the best credit officer which all use to say i was expert in handling big corporate proposals and our corporate office GMs always use to appreciate me. In 11th July 2019 all of a sudden i got transfer order to an island in the sea on seeing transfer order i rushed to zonal office and requested to transfer me to any place where there is medical facilities to take care of my mother treatment which was not accepted and on 12th and 13th i was on leave for medical checkup of my mother at hyderabad which was a pre planned trip for which i applied leave also internally and accepted by my immediate boss. on 12th July 19 when i was on leave i was called over phone and told i was relieve and i need to report to that island in the sea and i was relieved in absentia then i submitted a request for medical leave for 15 days. For which they issued me memo stating you have applied for leave and went to hyderabad on 12th July 19 however after you went hyderabad we cancelled your leave then please explain why you visited hyderabad when we cancelled your leave also they told if i am ill i should get checked up by doctor that bank desires and appoints not the any doctor i felt bad by seeing such a memo which is baseless then i wrote reply stating i left to hyderabad only after applying for leave and took superior permission and after i went on leave if leave was cancelled i am not aware of it. i told i will report at that island on 22nd july 19 as per which i reported.in between on 16th July i submitted my representation to all the senior officials in zonal and corporate office that i am specialist officer in credit and the reason why i was posted to branch banking which either i am comfortable nor i have experience in that area also i detailed about my personal problems of elder parents and there medical treatment issue for which i never recieved any reply. Till today i have no idea why i was transferred to remote location. The time i was transferred many new generalist officers reported to the region who can be posted for the role instead i was transferred because i does not have any recommendation. when i requested personal officer to post me in credit role they told they dont give me positing in credit though i am specialist officer of credit what ever they wish they give that post only. Initially when i was resigned i was told i will be posted to hyderabad soon i felt so happy but but later nothing happend i was relieved in December 2019

Rajendra K Goyal (Expert)
26 March 2020

You said:
I had submitted resignation in a PSB due to my sudden posting to a remote location where there is no train or bus transport only through ship and air. As managing elder parents who are undergoing treatment is difficult
Reply:
Generally, Bank does not care plea of ailing parents. You submitted resignation; it was accepted.
Whether:
I) The resignation was conditional from your side.
II) Whether date of relieving was advised to you based on your resignation?
III) Whether resignation was accepted by appointing authority for the promoted category?


You said:
i submitted representation as there is no medical facilities in new location however there is no reply from management. subsequently
Reply:
At the time of promotion, while signing promotion documents, have you signed the consent to transfer you anywhere in India. Generally, such terms are part and parcel of such document in PSB.
You can get a copy of documents signed by you through RTI.
After joining to transferee Branch PSB generally does not considers such requests of medical facility.

Rajendra K Goyal (Expert)
26 March 2020

You said:
i submitted resignation after 3 months or reporting to new place. when i submitted resignation i was told i be transferred back to other place shortly but nothing happened
Reply:
If such promise was verbal, has no meaning. You should have withdrawn your resignation after such promise.
You have not withdrawn, hence looser due to your own mistake.

You said:
and i got relieved now its been 3 months
Reply:
PSB was justified to relieve you as per your resignation to avoid any future legal steps from you.

Rajendra K Goyal (Expert)
26 March 2020

You said:
i submitted representation for rejoining as my intention is never to leave the job its due to circumstances and personal problems which i faced because of my abrupt transfer to remote location
Reply:
Resignation once accepted cannot be reversed generally provided there exists proper guidelines in this respect.

You said:
and my dues are not settled and i am confirmed employee of PSB and got regular promotion also in my service time.
Reply:
You should prey to the Bank to release your dues.

Rajendra K Goyal (Expert)
26 March 2020

You said:
Now i would like to know is PSB have any such provision of retaking employee who relieved 3 months before
Reply:
You should go through staff matters guidelines of your Bank in this regard. PSB generally have clear guidelines in staff and HR matters.

You said:
i got promotion and after promotion also i am a specialist officer.
Reply:
You should have represented that you are specialist officer and cannot be transferred at the post of General Banking officer. Please note, You should not have given consent to transfer you in any position while accepting promotion.

Rajendra K Goyal (Expert)
26 March 2020

You said:
When i got transferred to remote location the role is a branch head role which is branch banking operations not the credit role which bank has recruited for.
Reply:
Now this aspect has not much meaning, you were transferred, you joined without representing, you resigned after joining and relieved after resignation accepted.

You said:
When i enquired other regional offices they also told my transfer is a mistake as specialist officer should not be posted as generalist officer no region is doing like that. Does i have any valid point on this reasons.
Reply:
You should have immediately withdrawn your resignation and should have represented.

Rajendra K Goyal (Expert)
26 March 2020

You said:
Does i have any valid point on this reasons.
Reply:
You must submit detailed representation.

You said:
and requested to transfer me to any place where there is medical facilities to take care of my mother treatment which was not accepted and on 12th and 13th i was on leave for medical checkup of my mother at hyderabad which was a pre planned trip for which i applied leave also internally and accepted by my immediate boss. on 12th July 19 when i was on leave i was called over phone and told i was relieve and i need to report to that island in the sea and i was relieved in absentia
Reply:
If you have proceeded on rejected / non sanctioned leave, it is misconduct.

Rajendra K Goyal (Expert)
26 March 2020

You said:
For which they issued me memo stating you have applied for leave and went to hyderabad on 12th July 19 however after you went hyderabad we cancelled your leave then please explain why you visited hyderabad when we cancelled your leave also they told if i am ill i should get checked up by doctor that bank desires and appoints not the any doctor i felt bad
Reply:
Bank step was justified / warranted / legal, you should have saved yourself with the help of association rather to feel bad.

You said:
when i requested personal officer to post me in credit role they told they dont give me positing in credit though i am specialist officer of credit what ever they wish they give that post only
Reply:
Have you taken up the matter properly in writing?

Rajendra K Goyal (Expert)
26 March 2020

You said:
Initially when i was resigned i was told i will be posted to hyderabad soon i felt so happy but but later nothing happend i was relieved in December 2019
Reply:
You did not withdrawn your resignation, Bank was justified to relieve you as per your resignation.

Rajendra K Goyal (Expert)
26 March 2020

1. While going on leave to Hydrabad, you should have requested for permission for station leave.
2. Generally in PSB Officers are not allowed to leave station without written permission from controllers.
3. After receipt of transfer orders, you should have not joined and should have prayed to retransfer at family station, through your Association and immediate Branch. Some officers go on medical leave with proper acceptable medical certificate in such case, if they are not feeling well.
4. Never, should have met personally to controllers for the same, take help of association representatives.
5. Submission of resignation was greatest mistake, it is you who is in the need of job, PSB generally does not care / feel sufferer for your absence.
6. Now, it is your seniors who can help to reconsider you. You may not be appointed at same post again.
7. Whether before accepting resignation, some senior official has interviewed you in this regard?

Raj Kumar Makkad (Expert)
26 March 2020

Who obstructed you to post entire facts in one stretch? It is always good to post entire relevant facts at once.

Raj Kumar Makkad (Expert)
26 March 2020

The cancellation of your leave for 12 and 13 July, 2019 was not communicated to you so the action or claim of the higher officials is illegal and is liable to be set aside.

Raj Kumar Makkad (Expert)
26 March 2020

The explanation of the higher officials in denying medical leave for 15 days is against the facts as you were not aware about the so-called cancellation of your earlier leave of 12 & 13 July. This order can be got set-aside.

Raj Kumar Makkad (Expert)
26 March 2020

You had rightly made a representation against your transfer order mentioning therein the one of the major reasons that you have experience of credit rather to handle the independent branch and the ignorance of the said representation without replying a long is nothing but against the natural justice especially when there is no medical facility in the remote area.

Raj Kumar Makkad (Expert)
26 March 2020

Against your resignation, when the bank officials intimated you to transfer at Hydrabad but instead of doing so, you were relived from the service is totally against natural justice and even against the rules hence this action requires to be gt challenged.

Raj Kumar Makkad (Expert)
26 March 2020

The bank officials should have taken into considered the fact that your resignation is not voluntary rather the same has been tendered only to press upon the pending representation not to transfer you in the sea area having no medical facility and having no expertise to handle the independent branch.

Raj Kumar Makkad (Expert)
26 March 2020

Your corporate and Regional Officers have not adopted a fair and impartial procedure to deal with your case which definitely gives you a legal right to challenge the same before proper court of Law.

Raj Kumar Makkad (Expert)
26 March 2020

The act and conduct of your Regional and Corporate office can be got challenged on various grounds, many of those have already been mentioned by experts here but it shall be better for you to immediately hire a local lawyer dealing in the service matters and move ahead.

Raj Kumar Makkad (Expert)
26 March 2020

It shall be better for you to first serve a legal notice to the bank management.


Querist : Anonymous (Querist)
26 March 2020

Raj kumar Sir it is so nice of you for giving valuable guidance. i have sent already representation to the corporate office about my withdrawal of resignation and i wrote it is due to compelling personal reasons because of which i resigned and i want to contribute for the growth of the psb. awaiting for the reply. dont know if i receive any reply or not just hoping for the best. i always made right decisions in my career but this occasion i know i might have handled in better way but trying to rectify the things. Sir want to know as now i submitted resignation withdrawal do i get reply...i am always in good books of all the senior management people but dont know any will help me or not. i have not requested for withdrawl of my payments nor the bank asked me to clear my loans which are outstanding even today


Querist : Anonymous (Querist)
26 March 2020

Before relieving there is a exit interview which was conducted by a junior official instead of senior official and i told clearly that my reason for resignation is to take care of elder parents medical treatment and i told i will join if i posted to any place with medical facilities.

Dr J C Vashista (Expert)
27 March 2020

1. You could have withdrawn the resignation before it was accepted, it is too late at that stage when you thought/ submitted your representation.
2. Transfer and posting of employees is prerogative of the employer, which is generally on the principles of "Right Person at Right Place and at Right Time" as per functional viability but not as per wishes of employee. No one can not claim it. Posting and transfers are planned well in advance by HoD/ Senior hierarchy of the organisation.
3. Before sanction of leave, you have left your station (place of work) therefore, you were informed by PSB at the address provided by you.
4. Your case (representation) may be considered on humanitarian ground afresh taking note of your performance appraisal, conduct and behaviour, profitability and other relevant factors, which can not be claimed at this stage, as a matter of right.


Querist : Anonymous (Querist)
27 March 2020

I agree the entire episode I might have handled In a better way. I have good rapo with seniors and my appraisal is with highest Mark's all the years. When I visited corporate office most of them suggested to give representation. Now I am not sure do I get reply or not just hoping for the best


Querist : Anonymous (Querist)
27 March 2020

Whatever person is one or other time due to various reasons do wrong decisions or mistakes in life when they realise they try to correct it. It is purely on my situation and I never feel to blame any one but I am trying to make things right

Rajendra K Goyal (Expert)
27 March 2020

You said:
i have sent already representation to the corporate office about my withdrawal of resignation and i wrote it is due to compelling personal reasons because of which i resigned and i want to contribute for the growth of the psb. awaiting for the reply.
Reply:
Wait for the reply, meanwhile may meet the senior officials / appointing authority. Decision would be based on your Bank rules.

Rajendra K Goyal (Expert)
27 March 2020

You said:
dont know if i receive any reply or not just hoping for the best. i always made right decisions in my career but this occasion i know i might have handled in better way but trying to rectify the things.
Reply:
Reply would be received most probably. It takes time. Meanwhile try for alternate job.

You said:
Sir want to know as now i submitted resignation withdrawal do i get reply.
Reply:
You have been relieved after resignation, you can not withdraw it now.

Rajendra K Goyal (Expert)
27 March 2020

You said:
..i am always in good books of all the senior management people but dont know any will help me or not.
Reply:
Rules always prevails / play role above emotions.

You said:
i have not requested for withdrawl of my payments nor the bank asked me to clear my loans which are outstanding even today
Reply:
Bank may not ask for some time for payment of loans, it has your funds with them. Nothing to do with your resignation. Would proceed once your loan becomes NPA.

Rajendra K Goyal (Expert)
27 March 2020

You said:
Before relieving there is a exit interview which was conducted by a junior official instead of senior official and i told clearly that my reason for resignation is to take care of elder parents medical treatment and i told i will join if i posted to any place with medical facilities.
Reply:
Your exit interview was conducted, go through rules of your Bank whether who is to conduct such interview. Whether appointing authority never talked before / after such interview / resignation?


You said:
the entire episode I might have handled In a better way. I have good rapo with seniors and my appraisal is with highest Mark's all the years. When I visited corporate office most of them suggested to give representation. Now I am not sure do I get reply or not just hoping for the best
Reply:
Meanwhile it is suggested, look for another job.

Rajendra K Goyal (Expert)
27 March 2020

You said:
Whatever person is one or other time due to various reasons do wrong decisions or mistakes in life when they realise they try to correct it. It is purely on my situation and I never feel to blame any one but I am trying to make things right.


Reply:
We hope for all success in your efforts.

Rajendra K Goyal (Expert)
27 March 2020

You have option to move legally:
i) You are on weak footings.
ii) You were transferred, you joined without representation accepting Bank conditions.
iii) You resigned, when promised, did not withdraw resignation, relieved. Legally Bank step was sound.
iv) You never opposed in writing for change in your designation from specialist officer to General Officer. You joined post of general category, proof of acceptance.
v) Even if you win in court on any ground (Chances are bleak), Bank would go in appeal may be up to Apex court. You must spend very high unbearable legal fees of lawyer, for Bank does not matter, but necessary to justify its steps.

CAD Central Administrative Tribunal Hydrabad in the case of Mummadi Srinivasulu vs M/O Home Affairs on 22 June, 2018 has observed:

13. The normal rule of service jurisprudence is that once resignation is accepted and become effective, it cannot be allowed to be withdraw as ruled by the Hon'ble Supreme Court in the case of Union of India Vs. Rakesh Kumar, 2001 (4) SCC Page 309. In Chand Mal Chayal Vs. State of Rajasthan, 2006 (10) SCC 258, the Hon'ble Supreme Court ruled that the incumbent would be entitled to withdraw his resignation before the acceptance and re-employment thereafter cannot be claimed as a matter of right, especially when there is no rule dealing with the re-employment after resignation in the relevant rules. In this case, the Hon'ble Apex Court further cautioned that no Writ of Mandamus can be issued against the respondents for re-employment of the applicant. In Raj Kumar Vs. Union of India, 1968 (3) SCR 857, the Hon'ble Supreme Court has ruled that resignation became effective as soon as it was accepted by the 10 of 23 appointing authority in absence of any time limit fixed by the employee. It was also ruled that no communication of acceptance is necessary and there is no rule framed under Article 309 of the Constitution of India which, in effect, to indicate a Rule which requires communication of acceptance to the person submitting the resignation. In North Zone Cultural Centre Vs. Vedpathi Dinesh Kumar, 2003 (5) SCC 455, Hon'ble Supreme Court again ruled that in absence of any law or statutory rule governing the conditions of service of Government servants to the contrary it will not be open to the public servants to withdraw his resignation after it is accepted by the appointing authority and if any delay is caused in intimating the acceptance, or reliving of the concerned from his duties, the effect of resignation cannot be neutralized.
14. In view of the aforesaid judgments, it is crystal clear that once resignation is accepted, the public servant cannot have any vested right to withdraw his resignation unless the Rules provide for the same. It is also crystal clear that the reinstatement cannot be claimed as of right and the discretion lies with the appointing authority to consider reinstatement if the rule permits for reinstatement after acceptance of the resignation.

Rajendra K Goyal (Expert)
27 March 2020

If you move otherwise:
i) Have option to search another job in Private Bank, you can get due to your expertise in credit.
For Same Bank:
i) Senior officials may consider your representation on humanitarian grounds, within framework of instructions if available.
ii) You can continue meeting seniors and request for consideration of your rejoining.
iii) This is possible only and only if certain instructions are available in this respect.


P. Venu (Expert)
27 March 2020

Your action had been rather hasty. May be, there could be special circumstances which may favour you in getting back the job. You can make a representation highlighting all the aspects. But this is matter purely within the discretion of the management. You have no vested or enforceable right.


Querist : Anonymous (Querist)
27 March 2020

I am not sure about PBS rules in this aspect. But under ccs rules resignation withdrawl can be considered within 3 months of acceptance if resignation is due to personal reasons

Raj Kumar Makkad (Expert)
27 March 2020

The judgment cited above by Mr. Goyal is not applicable in your case because your representation had been made prior to the acceptance of your resignation which can legally be treated as withdrawal of your resignation.

Raj Kumar Makkad (Expert)
27 March 2020

The management of the bank was legally bound to decide your representation first and then on the memo of resignation. This is an established rule even mentioned in the judgement cited above hence a wrong procedure has been got adopted which is more than sufficient to set aside the illegal decision of reliving you from your service.

Raj Kumar Makkad (Expert)
27 March 2020

Kindly refer to Guwahati High Court Judgment 2007 (4) GLT 273, the relevant portion of facts which are almost similar of your case are submitted here-under:

3. In order to adjudicate the present appeal it is necessary to give brief factual background. The appellant/(Writ Petitioner) a Medical Officer in Grade-III of the Tripura Health Services (for short 'THS') was subsequently promoted as Head of Department of Gynecology in the Indira Gandhi Memorial Hospital for short IGM Hospital). He was, however, not happy with the working condition of the said hospital and has gone on long leave on several occasions. He submitted a conditional resignation on 15.5.91 with expectations that the State respondents would remove difficulties and create congenial workable condition in the hospital for performing his duties properly, however, on 30.5.1991, the State respondents asked him to submit proper resignation addressed to the Secretary of the Department as his earlier conditional resignation was addressed to the Superintendent of the hospital, who was not the competent authority. Accordingly 31.5.1991, the appellant submitted another resignation letter dated 31.5.1991 addressed to the Secretary of the Department in continuation to his earlier resignation letter dated 15.5.1991. According to him, when he received no response to his resignation letters, he sent a notice of demand dated 3.2.1992 stating that in the department, there were no equipments, infrastructure and other materials, which were essential for running the department. By a letter dated 24.2.1992, the Joint Secretary of concerned Department expected from him to submit unconditional resignation within one month, else the department might initiate a disciplinary proceeding for his unauthorized absence. On 29.4.1992, the writ petitioner addressed a letter to the Joint Secretary of the department in reference the above letter dated 24.2.1992. On 5.12.1997, the writ petitioner again addressed a letter to the Secretary of the department showing his willingness to resume duties with further request to provide congenial atmosphere removing impediments and unfavourable situation in the hospital as pointed out by him earlier. On 10.12.1997, he resumed his duties bringing by letter dated 15.12.1997, to the notice of Director of Health Services also. Even after joining duties, the appellant was not comfortable with the working conditions. The writ petitioner's, request to the Chief Medical Officer on 15.1.1998 for issuing registration/licence for running the Nursing Home, was since declined, however, an another application in the name of his wife Smti Paramita Dutta seeking registration, for running home was allowed. However, on 16.12.1997, he sent a notice conveying his intention to go on voluntary retirement w.e.f. 1.4.1998 and had also applied for 30 days leave w.e.f. 16.12.1997 to 14.1.1998 to enable him to proceed to Kolkata for the treatment of his wife. On 30.3.1998, he again resumed his duties and on 31.3.1998, he relinquished his charge unilaterally on voluntary retirement, which took effect from 1.4.1998 though there was no acceptance of his notice for voluntary retirement.

4. After submitting the application for voluntary retirement, the appellant had pursued the matter in the office of the Director of Health Services however on 28.9.2000, he was informed that his resignation dated 15.5.1991 has already been accepted w.e.f. 1.9.1991 vide order dated 13.9.1991 of Governor and all his communications thereafter stood disposed of accordingly. The writ petitioner preferred a writ petition No. 115/2001 with prayer for quashing the notification dated 13.9.1991 (Annexure-19 to writ petition) by which his resignation was accepted and notification dated 28.9.2000 by which it was confirmed that his resignation was accepted w.e.f. 1.9.1991 disposing thereby all communications subsequently made by him. He has also prayed for a direction to the respondents for acceptance of his voluntary retirement dated 16.12.1997 (Annexure 15 to writ petition) w.e.f. 01.04.1999 and to pay him all arrears of salary and other service benefits including regularization of his leave.




Raj Kumar Makkad (Expert)
27 March 2020

Hon;ble Supreme Court has clearly held in the famous judgment titled as (Dr. Prahha Atri v. State of U.P. and Ors.) where the writ petitioner while working as Anaesthetist in Kamla Nehru Memorial Hospital, Allahabad was issued a Memo dated 5.1.1999, bringing to her notice a lapse that she had left without informing even Dr. Banerjee, when he requested her on around 1300 hrs. to give anaesthesis to one patient admitted in emergency for shock due to reptured uterus, who needed urgent operation, and such conduct not only amounted to negligence as per Hospital Service Rule 10(i) but was also against medical ethics. She was also asked to submit her explanation by 5.00 p.m. on 6.1.1999, failing which it was to be considered that she had accepted her lapse and the Hospital was at liberty to proceed against her as per Service Rules. Since the writ petitioner did not respond, therefore, she was placed under suspension on 08.01.1993 with immediate effect, pending institution of a domestic enquiry. On receipt of the said Memo on 9.1.1999, the writ petitioner replied to the Secretary of the Hospital that she had already clarified her position verbally in his presence that on that day she was sick and very tired. In her formal replies, she further added in her letter as under:

Your letter is uncalled for and should be withdrawn. I have been working in this Hospital since May 10, 1978 and have always worked in the best interest of the patients. It is tragic instead of taking a lenient view of my sickness you have opted to punish me. If the foregoing is not acceptable to you then I have no option left but to render my resignation with immediate effect.

Raj Kumar Makkad (Expert)
27 March 2020

In Dr. Prabha Atri (supra), the Supreme Court has provided as to what letter constitutes resignation, and observed that such a letter must be unconditional and intending to operate as such. Where an employee, required to submit his explanation for a certain lapse on his part, while submitting his explanation added that if the explanation was found to be not acceptable he would have no option left but to tender his resignation with immediate effect, held, such a letter did not amount to resignation. At best it could amount to a threatened offer to resign. The words "with immediate effect" in the said letter, held, could not be given undue importance dehors the context tenor of the language used, the purport of the letter and the portion of the letter indicating the circumstances in which the letter was written. Moreover, stopping of the domestic enquiry by the management consequent to acceptance of the alleged resignation, held had no significance in ascertaining the true or real intention of the said letter.

Raj Kumar Makkad (Expert)
27 March 2020

In another case, Hon'ble Supreme Court in (Punjab National Bank v. P.K. Mittal) 1989 Supp (2) SCC 175 has held in a similar case where a permanent officer of the Punjab National Bank sent a communication to the bank by which he purported to resign from a future date adding that the date of receipt of his letter should be treated as date of commencement of notice period, however, the bank informed him by a letter that his resignation was accepted with immediate effect by waiving a condition of notice, therefore such letter was held to be without jurisdiction as the resignation of the employee would have become effective only on the expiry of three months from the date thereof or from the date on which he wished to resign.

Raj Kumar Makkad (Expert)
27 March 2020

15. In Words and Phrases Permanent Edn. Vol. 37 at page 476, it is found stated that:

To constitute a 'resignation', it must be unconditional and with an intent to operate as such. There must be an intention to relinquish a portion of the term of office accompanied by an act of relinquishment. It is to give back, to give up in a formal manner, an office.

At page 474 of the very same book, it is found stated: "Statements by club's President and corresponding Secretary that they would resign, if constant bickering among members did not cease, constituted merely threatened offers, not tenders, of their resignation." It is also stated therein that "A 'resignation' of a public office to be effective must be made with an intention of relinquishing the office accompanied by an act of relinquishment.". In the ordinary dictionary sense, the word "resignation" was considered to mean the spontaneous relinquishment of one's own right, as conveyed by the maxim. Resignatio est juris proprii spontanea refutatio (Blacks Law Dictionary, 6th Edn.). In Corpus Juris Secundum, vol. 77,p. 311, it is found stated:

It has been said that 'resignation' is a term of legal art, having legal connotations which describe certain legal results. It is characteristically, the voluntary surrender of a position by the one resigning, made freely and not under duress and the word is defined generally as meaning the act of resigning or giving up, as a claim, possession or position.

Raj Kumar Makkad (Expert)
27 March 2020

16. In Moti Ram v. Param Dev the Supreme Court observed as under: (SCC pp 735-36, para 16)

16. As pointed out by this Court, 'resignation' means the spontaneous relinquishment of one's own right and in relation to an office, it connotes the act of giving up of relinquishing the office. It has been held that in the general juristic sense, in order to constitute a complete and operative resignation there must be the intention to give up or relinquish the office and the concomitant act of its relinquishment. It has also been observed that the act of relinquishment. It has also been observed that the act of relinquishment may take different forms or assume a unilateral or bilateral character, depending on the nature of the office and the conditions governing it [Union of India v. Gopal Chandra Misra ]. If the act of relinquishment is of unilateral character, it comes into effect when such act indicating the intention to relinquish the office is communicated to the competent authority. The authority to whom the act of relinquishment is communicated is not required to take any action and the relinquishment taken effect from the date of such communication where the resignation is intended to operate in praesenti. A resignation may also be prospective to be operative from a future date and in that event it would take effect from the date indicated therein and not from the date of communication. In cases where the act of relinquishment is of a bilateral character, the communication of the intention to relinquish, by itself, would not be sufficient to result in relinquishment of the office and some action is required to be taken on such communication of the intention to relinquish, e.g., acceptance of the said request to relinquish the office, and in such a case the relinquishment does not become effective or operative till such action is taken. As to whether the act of relinquishment of an office is unilateral or bilateral in character would depend upon the nature of the office and the conditions governing it.


Raj Kumar Makkad (Expert)
27 March 2020

18. In (Srikantha S.M. v. Bharath Earth Movers Ltd.) the Supreme Court observed that:

Employee resigning and seeking to be relieved as per rules. Employer Company accepting the resignation on the same day and directing him to be relieved with immediate effect. However, on the same day the Company granting him casual leave for a subsequent period and informing him that he would be relieved at the close of the day immediately next to the date of expiry of the said casual leave period. In the evening of the day so postulated, the Company relieving him. However, before that day, the employee having sent a letter to the company withdrawing his resignation. In such circumstances, the employee, held, remained in service up to the postulated day, hence, he could lightly withdraw his resignation before that day and the Company was bound to give effect to the withdrawal of resignation.

19. In view of the observation of Hon'ble Supreme Court in (Chanel Mal Chayal v. State of Rajasthan) principle of law is well settled that an incumbent is entitled to withdraw his resignation before acceptance. After acceptance of resignation jural relationship between the employee and employer ceases and employee cannot claim withdrawal of resignation nor reinstatement to the post. The incumbent cannot claim as a matter of right to be re-ernployed also when there is no rule relating to re-employment after acceptance of rcsignation.

20. The Supreme Court in case of Civil Appeal No. 534/2001 (Secretary Technical Education VP and Ors. v. Lalit Mohan Upadhyav and Anr.) decided on 9.4.2007 has observed that Government Servant functionary who cannot under his condition of service or office by his own unilateral act of tendering resignation gives up his service' or office then normally the tendering of resignation becomes effective and his service or office tenure get terminated when competent authority accepts it.


Raj Kumar Makkad (Expert)
27 March 2020

You were required to be interviewed by a senior officer instead of a junior wherein you clearly mentioned the conditions leading to your resignation which is also sufficient to reverse your dismissal order.


Querist : Anonymous (Querist)
27 March 2020

Thank you raja kumar sir so much, in my case I received my transfer order on 11th July 19 and submitted representation on 16th july and joint the island on 22nd July and submitted resignation on 19th September and relieved on 18th dec. I recieved relieving letter scan copy not even original through email. I have some loans in the bank which are outstanding even today and no amount is settled yet hoping for the best. Sir need your advice will it be ok if send a further letter for considering withdrawal of resignation on humanitarian grounds or can I wait some more days.

T. Kalaiselvan, Advocate (Expert)
27 March 2020

The experts above have discussed your subject matter very elaborately by giving suitable citations too.
Now it is up to you to carry forward.
However in my opinion your representation for reinstatement may not be entertained since the grounds for resignation is different to that of your current problem.
Not to discourage you, you may give a written representation to the competent authority and await their decision.
If rules may not permit then you may not be able to contest their decision even in a court of law.


Querist : Anonymous (Querist)
28 March 2020

I have no intention to go legally but feel to take all your expert advice I feel to take

T. Kalaiselvan, Advocate (Expert)
28 March 2020

As a general principle an employee cannot retract his or her resignation without the employer's consent. If an employee can show that the employer failed to accept his resignation he can withdraw his resignation at any time before acceptance. ... If the employee changes his mind it is too late unless the employer agrees.

T. Kalaiselvan, Advocate (Expert)
28 March 2020

If your employer accepted your resignation w.e.f the date which was mentioned by you in your resignation letter then you cannot succeed in the court of law for the reason that the contract of employment ceased by your resignation.

T. Kalaiselvan, Advocate (Expert)
28 March 2020

The general rule is that once an employee has resigned, it cannot be reversed unless the employer agrees to it. ... However, if the employee has had plenty of thinking time and it is far from a heat of the moment resignation, there is no obligation to accept a retraction.


Querist : Anonymous (Querist)
28 March 2020

I have no intention to go legally but feel to take all your expert advice as this scenario I never came across

T. Kalaiselvan, Advocate (Expert)
28 March 2020

There is a ruling in central government to accept the resigned employees and get them reinstated.
THE Central government has changed rules to allow officers to rejoin the government even after he or she resigns, but with a few riders. According to a notification, dated July 28, 2011, an officer can withdraw his resignation if the resignation was tendered “for compelling reasons which did not involve any reflection on his integrity, efficiency or conduct…” The new rules are called All India Services (Death-Cum-Retirement Benefits) Amendment Rules, 2011.
But the request for withdrawal of a resignation will not be accepted by the Central government where an officer resigns to join a private commercial company or a corporation or company owned or controlled by the government. Also, the officer cannot rejoin the government if he has resigned with a view to be associated with any political parties or political movement.

Please confirm from your sources if the PSB is having any such rule so that it can benefit you.


Querist : Anonymous (Querist)
28 March 2020

When I visited my corporate office I have taken with me this CCS rules notification which was released by DOPT on June 2019, they asked me to contact legal dept and find if that is applicable for psb, legal officer said some of the rules are as per psb and some are followed as per ccs he had long discussion with others and advised me to send a representation which I did within 3 months.

P. Venu (Expert)
28 March 2020

The DoPT Memorandum dated 19th June 2019 only reiterates the provisions contained in Rule 26(4) to (6) of the CCS(CCA) Rules 1972. The Rules are reproduced below:

26. Forfeiture of service on resignation

(1) Resignation from a service or a post, unless it is allowed to be withdrawn in the public interest by the appointing authority, entails forfeiture of past service.

(2) A resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies.

(3) Interruption in service in a case falling under sub-rule (2), due to the two appointments being at different stations, not exceeding the joining time permissible under the rules of transfer, shall be covered by grant of leave of any kind due to the Government servant on the date of relief or by formal condonation to the extent to which the period is not covered by leave due to him.

(4) The appointing authority may permit a person to withdraw his resignation in the public interest on the following conditions, namely :-

(i) that the resignation was tendered by the Government servant for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him to tender the resignation ;
(ii) that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the person concerned was in no way improper ;
(iii) that the period of absence from duty between the date on which the resignation became effective and the date on which the person is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days ;
(iv) that the post, which was vacated by the Government servant on the acceptance of his resignation or any other comparable post, is available.
(5) Request for withdrawal of a resignation shall not be accepted by the appointing authority where a Government servant resigns his service or post with a view to taking up an appointment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by the Government.

(6) When an order is passed by the appointing authority allowing a person to withdraw his resignation and to resume duty, the order shall be deemed to include the condonation of interruption in service but the period of interruption shall not count as qualifying service.

1[(7) A resignation submitted for the purpose of Rule 37 shall not entail forfeiture of past service under the Government.]

Provisions of Rule 37 pertains to Pension on absorption in or under a corporation, company or body.

You may request the management to decide the representation based on the above guidelines.


Querist : Anonymous (Querist)
28 March 2020

Some of the GM level seniors advised me to give representation without referring this as per there advice I send representation without its reference. I never had any negative remark in my service I am the one promoted to next level among 20 pan india during promotion process I got good rating in all my appraisals but what will be the basis for considering my request for psb not sure. I was told ccs rules psb will follow only in cases where psb don't have any such rules in specified area some say psb rules are different and as per notification this is applicable for staff under NPS scheme and I am also under NPS

Rajendra K Goyal (Expert)
28 March 2020

You said:
I am not sure about PBS rules in this aspect. But under ccs rules resignation withdrawl can be considered within 3 months of acceptance if resignation is due to personal reasons
Reply:
Sir, CCS rules are not fully applicable in case of PSB. Some of the PSB rules are based on Bipartite Agreements, RBI and Central Government Guidelines etc. adopted and approved by Bank Board.

Rajendra K Goyal (Expert)
28 March 2020

You said
I have no intention to go legally but feel to take all your expert advice as this scenario I never came across
Reply:
If you have sound case, you must proceed legally. Legal outcoming, though comes with delay but gives relief.

Rajendra K Goyal (Expert)
28 March 2020

You said:
in my case I received my transfer order on 11th July 19 and submitted representation on 16th july and joint the island on 22nd July and submitted resignation on 19th September and relieved on 18th dec. I recieved relieving letter scan copy not even original through email.
Reply:
Relieving letter should have been delivered physically. Delivery through e-mail is also acceptable mode.

Rajendra K Goyal (Expert)
28 March 2020


You said:
I have some loans in the bank which are outstanding even today and no amount is settled yet hoping for the best. Sir need your advice will it be ok if send a further letter for considering withdrawal of resignation on humanitarian grounds or can I wait some more days.
Reply:
Bank generally do not care for such loans to staff till these are turned NPA. After that Bank may proceed to recover and if not possible, may adjust from your terminal benefits.
Banks loan documents are drafted and are legally tenable, Bank has enough powers to recover otherwise in cases like this.


Rajendra K Goyal (Expert)
28 March 2020

You said:
When I visited my corporate office I have taken with me this CCS rules notification which was released by DOPT on June 2019, they asked me to contact legal dept and find if that is applicable for psb, legal officer said some of the rules are as per psb and some are followed as per ccs he had long discussion with others and advised me to send a representation which I did within 3 months.

Reply:
When there are no specific Rules in PSB regarding certain matter, Rules from other PSB or CCS are taken as reference guidelines.

Rajendra K Goyal (Expert)
28 March 2020

You said:
Some of the GM level seniors advised me to give representation without referring this as per there advice I send representation without its reference. I never had any negative remark in my service I am the one promoted to next level among 20 pan india during promotion process I got good rating in all my appraisals but what will be the basis for considering my request for psb not sure.

Reply:
You should continuously try to meet senior officials; HR department dealing officials at Head Office, you have nothing to lose now. If Rules permit you should hope some positive result. Meanwhile try to search your Bank and other Bank Rules regarding reconsideration of resignation.

Rajendra K Goyal (Expert)
28 March 2020

You said:
I was told ccs rules psb will follow only in cases where psb don't have any such rules in specified area some say psb rules are different and as per notification this is applicable for staff under NPS scheme and I am also under NPS

Reply:
I doubt, CCS rules are fully applicable in NPS employees of PSB and would overrule PSB rules. If it is so, it may help you, good news.


Querist : Anonymous (Querist)
28 March 2020

The relieving letter from corporate office scan copy i got which is not either through mail or through physical copy i got through informal internal massage system. in the letter from corporate office it was mentioned that regional office will relieve me but i have not received any relieving letter from regional office i took relieving letter from a junior most staff in branch who is not empowered to relieve me

P. Venu (Expert)
28 March 2020

You are, I am afraid, blowing hot and cold. It is impossible to offer any meaningful suggestion when you are reluctant to take a principled stand as to the cause of action and the remedies to be followed up.

Rajendra K Goyal (Expert)
28 March 2020

Sir,
You were delivered relieving letter, were relieved accordingly. If it was from HO, it is clear that your resignation was accepted by competent authority. You have accepted the fact of relieving and hence submitted your representation. It is doubtful, present stand would be helpful for you.

Rajendra K Goyal (Expert)
28 March 2020

Have you mentioned the fact in your representation that you have never been relieved but was turned out of the Branch in irregular way?


Querist : Anonymous (Querist)
28 March 2020

i made total 3 communications to corporate office first is when i got transfer order i represented that about personal problems and requested for posting in any place with medical facilities second is resignation and third is withdrawl of resignation which i sent recently The withdrawal letter is as below and i have not made mention of the way i was relieved

I submitted my resignation on September 2019 which was gratefully accepted by management on December 2019. I submitted my resignation due to circumstances that are difficult to explain, now I would like to withdraw my resignation and continue to be working for the bank if that is still ok with the management.
I know that the situation is entirely unfamiliar and unconventional, but I wouldn’t dare make such request hadn’t I anticipated a tolerable person with deep understanding and compassion.
Please consider my unusual request with an open heart and mind, I would like to continue to contribute to the success of the bank


Rajendra K Goyal (Expert)
28 March 2020

No other alternative but to wait for the outcome of your representation.

Raj Kumar Makkad (Expert)
29 March 2020

You have no other option but to wait for the outcome of the representation and you may also send a registered reminder after a considerable period.

T. Kalaiselvan, Advocate (Expert)
29 March 2020

As you have mentioned that this is unusual and unconventional request, in my opinion, the management may not be able to relax the rules for you.
Especially when you have not made this as a reason in your resignation letter and your resignation was accepted after almost three months, you stand exhausted all the opportunities that were available before you.
Your belated request to reinstate you by cancelling your termination may not attract any sympathy.
I don't intend to discourage or dissuade you, but am trying to explain you the facts and the outcome because you should not be disappointed when the result is not in your favor.
So be prepared mentally for any eventuality.


Querist : Anonymous (Querist)
29 March 2020

Sir, i came to know about possibility of withdrawal of resignation during February only when one of my uncle told me in PSUs withdrawal is very much possible if management considers and immediately i rushed to corporate office to discuss the matter where majority of them advised me to submit representation in registered post. One thing which i feel to get clarified is i was recruited as specialist officer and after promotion also i am a specialist officer and bank norms say a specialist officer be given specialist posting only when i enquired with other PSBs they told their bank never post specialist officer in general banking even if they post the specialist officer need to give in writing that he is willing to work under generalist post then the management may consider the case. in my case they HR person told though i am specialist officer he will not give specialist posting and they give generalist posting only. Some of the seniors in my bank told once i am executive in bank i do not have any write to demand specialist posting though i am specialist officer. Bank rules are very much clear and which is discussed in various IR meetings that a specialist officer will never be posted under general banking and i joined psb leaving higher salary in private banks considering the specialist role in my area of expertise. Sir will this be a point in my case



Querist : Anonymous (Querist)
29 March 2020

when bank has in place guidelines of posting of specialist officer for specialist role only can the personal officer say he will post as per his wish though i am specialist officer he post me always for generalist role. the matter when i inquired with other regional office personal officer they told they never placer specialist officer for generalist role and the yearly once all personal officers need to submit a declaration to corporate office that specialist officers are posted for specialized role only. Other Region personal officers told they have done a mistake in my case. The matter i already referred in the representation i submitted to corporate office immediately after my transfer order

Rajendra K Goyal (Expert)
29 March 2020

You said:
Sir, i came to know about possibility of withdrawal of resignation during February only when one of my uncle told me in PSUs withdrawal is very much possible if management considers and immediately i rushed to corporate office to discuss the matter where majority of them advised me to submit representation in registered post.
Reply:
Sir, you were relieved on 18.12.2019 after acceptance of your resignation, representation was submitted in February, 2020. Even if rules permit you are on weak footings, only sympathetic attitude can help subject to rules and sweet will of Management.

Rajendra K Goyal (Expert)
29 March 2020

You said:
One thing which i feel to get clarified is i was recruited as specialist officer and after promotion also i am a specialist officer and bank norms say a specialist officer be given specialist posting only when i enquired with other PSBs they told their bank never post specialist officer in general banking even if they post the specialist officer need to give in writing that he is willing to work under generalist post then the management may consider the case. in my case they HR person told though i am specialist officer he will not give specialist posting and they give generalist posting only. Some of the seniors in my bank told once i am executive in bank i do not have any write to demand specialist posting though i am specialist officer.

Reply:

Sir, your claim may be true, subsequent developments and your resignation threw the issue in back.

Rajendra K Goyal (Expert)
29 March 2020

You said:
Bank rules are very much clear and which is discussed in various IR meetings that a specialist officer will never be posted under general banking and i joined psb leaving higher salary in private banks considering the specialist role in my area of expertise. Sir will this be a point in my case

Reply:

I doubt, Banks promotion acceptance letter signed by you had no clause regarding your posting as per requirement and exigencies of service.

Rajendra K Goyal (Expert)
29 March 2020

You said:
when bank has in place guidelines of posting of specialist officer for specialist role only can the personal officer say he will post as per his wish though i am specialist officer he post me always for generalist role. the matter when i inquired with other regional office personal officer they told they never placer specialist officer for generalist role and the yearly once all personal officers need to submit a declaration to corporate office that specialist officers are posted for specialized role only. Other Region personal officers told they have done a mistake in my case. The matter i already referred in the representation i submitted to corporate office immediately after my transfer order.


Reply:

There is possibilities that the personal officer was suffering personal ego, he was able to satisfy his ego and mentally forced you to submit resignation and you submitted without proper planning due to stress. There are a no. of cases in PSB where officers had to bear such humiliation for the time being, either searched alternate job or managed situation in their favor through proper planning.


Querist : Anonymous (Querist)
29 March 2020

ok thats true most of them told at one or other time every one came across this situation in their professional career in psb and each handle in different way. especially staff having support of seniors will get rescued. i am very thankful to all of you sir for giving your valuable time for suggesting me. i will send a reminder soon as now lockdown is there. i am prepared for either of the results but hoping and praying for the best.

Raj Kumar Makkad (Expert)
30 March 2020

There is Specialized Officer Cadre in your bank for as a matter of right, it cannot be claimed by an employee that he should only be transferred wherein duties are of the same specialization.

Raj Kumar Makkad (Expert)
30 March 2020

There is Specialized Officer Cadre in your bank for as a matter of right, it cannot be claimed by an employee that he should only be transferred wherein duties are of the same specialization.

Raj Kumar Makkad (Expert)
30 March 2020

There is Specialized Officer Cadre in your bank for as a matter of right, it cannot be claimed by an employee that he should only be transferred wherein duties are of the same specialization.

Raj Kumar Makkad (Expert)
30 March 2020

There is Specialized Officer Cadre in your bank for as a matter of right, it cannot be claimed by an employee that he should only be transferred wherein duties are of the same specialization.

Rajendra K Goyal (Expert)
30 March 2020

Sir, In PSB there are limited chances for a specialized officer for promotion, generally at the time of promotion, mandate is taken to use services at any post / place as per need. Hence in large no. of cases general cadre promotion is offered / availed.

The Author has not specified, on what position he was promoted with what designation. Whether in MMGS-II, or III, or SMGS - IV.

He has no copy of the undertakings signed by him at the time of appointment / promotion, hence only guss can be there based on the trend in PSBs.


Querist : Anonymous (Querist)
30 March 2020

Sir I got promoted from scale 3 to scale 4 both are specialist grade. There is no such specification in offer documents, also bank has issued various circulars in which I was clearly mentioned a specialist officer be posted in specialized area only. And in various IR meeting also bank management clearly specified a specialist officer shall always be posted in specialized area no request for posting as generalist shall be considered. My bank specialist credit is restricted upto scale 4. From scle 5 onwards it's generalist


Querist : Anonymous (Querist)
30 March 2020

Also my bank is the anchor bank in the mergers proposed on 1st April 20 , do my representation will hold good after merger also ?


Querist : Anonymous (Querist)
30 March 2020

Seniors of bank like agm when I enquired saying being an executive I should not ask for specialist officer post i should take any post


Querist : Anonymous (Querist)
30 March 2020

I have drafted a reminder letter which I would like to share with you all experts as you all are my well wisher from last few days would like to share please advice is my wordings are on right path

Rajendra K Goyal (Expert)
31 March 2020

As per your information, if you were to be posted as specialist officer and was transferred in General cadre, you have a good case in your favor. However subsequent developments (resignation, relieving after resignation, not withdrawing resignation before it was accepted) have gone against you.

Rajendra K Goyal (Expert)
31 March 2020

All assets , liability would be transferred on merger to new Bank.
Though your representation would hold good, however, the Management would be changed who would have responsibility to take decision.

You should remind after merger, if think fit may meet new HR.

Rajendra K Goyal (Expert)
31 March 2020

If AGM is ready to take back, there would be no harm in accepting General Cadre. You would be having better career chances in General cadre.

Rajendra K Goyal (Expert)
31 March 2020

It is advisable, instead of posting reminder letter, discuss with Officers Association of new merged Bank and proceed as per their advice.

Their steps are time taking, sometime bring unexpected results.


Querist : Anonymous (Querist)
31 March 2020

Thank you so much sir, I already started contacting all known channels, another interesting thing is In November bank issued promotion notification to AGM as per which I got 5 months short service during January some staff filed petition on bank for ignoring 20 staff who got 5 months short service in promotion eligibility and they won the case and they issued revised notification in March as per which if I am in service i am also eligible as I cleared some of the exams in risk I might have chance which I lost because of my sudden exit from bank. In my 15 years banking experience this Is the only thing I handled in wrong way I guess. But my dad worked in railways he told such many things happened there also


Querist : Anonymous (Querist)
31 March 2020

Thank you so much sir, I already started contacting all known channels, another interesting thing is In November bank issued promotion notification to AGM as per which I got 5 months short service during January some staff filed petition on bank for ignoring 20 staff who got 5 months short service in promotion eligibility and they won the case and they issued revised notification in March as per which if I am in service i am also eligible as I cleared some of the exams in risk I might have chance which I lost because of my sudden exit from bank. In my 15 years banking experience this Is the only thing I handled in wrong way I guess. But my dad worked in railways he told such many things happened there also

Raj Kumar Makkad (Expert)
31 March 2020

Merger of banks shall not affect your pending representation as the succession shall go on intact with all assets and liabilities.

Raj Kumar Makkad (Expert)
31 March 2020

If your management is ready to take you back then you should not hesitate to get the same immediately whatever post is offered and and at the later stage after joining, you can force for your original post if rules/circumstances allow.

Raj Kumar Makkad (Expert)
31 March 2020

It shall be better to serve reminder to the new bank giving entire past particulars so that the new bank may also be got apprised aout your case and accordingly timely decision may be got obtained.


Querist : Anonymous (Querist)
31 March 2020

Thank you sir for your valuable guidance, I already drafted letter but because of lockdown no netcafe available to print the letter. I feel it will not be nice if I write letter with pen, i am thinking to call the union leader tomorrow don't know they will help or not i was member for 7 years but never interacted with them much any time

P. Venu (Expert)
01 April 2020

Had you been a party to the Petition filed in the Court or have you made any meaningful contribution to the cause they had pursued?


Querist : Anonymous (Querist)
01 April 2020

There are around 20 officers who are not eligible for AGM promotion due to 5 months short fall in service as per promotion notification issued in November 2019 and I am the one among that 20 officers. As I am not eligible by that time I was not able to apply for promotion, after i got relieved on 18th December 2019, in January 2020 staff union has filed petition in high court and they got favourable judgement as per which all 20 officers are eligible for AGM promotion including me if I am in service which was notified in March 20 to apply afresh all the 19 people applied except me, and there promotion process is in progress not yet declared. Sir Will this make any point in favor of me?

P. Venu (Expert)
01 April 2020

Petition filed in January 2020 and Judgment given by March 2020! This is great news. Thanks for the information.

Rajendra K Goyal (Expert)
01 April 2020

It is a good and essential step to contact all known channel to get the work done. You were on a senior position, had excellent career in the Bank. One can be proud of having such a bright career. Prey, all would turn in your favor.

Rajendra K Goyal (Expert)
01 April 2020

You can send the letter through e-mail and note to send the letter later by post lateron. It would not make much difference if the letter is sent after lockdown is over.

Rajendra K Goyal (Expert)
01 April 2020

Union leaders need to be called at alternate days. Initially in the first month their attitude may not be good / favorable. Please note to contact the ruling / in the power group only. Unknowingly if followed through other group / leader, loss can happen. However, calling other group also is a good step so that they may not create hurdle, entrust your work to GS of the Supervising Staff Association only. Tell them you have been their member for 7 long years, always had been loyal, responded to all their calls.

Rajendra K Goyal (Expert)
01 April 2020

If re-entered in the Bank, avoid claiming your seniority for some time. Study all terms and conditions of rejoining. If they consider you automatically after rejoining, it will term bonus.


Querist : Anonymous (Querist)
01 April 2020

Ok sir. Will surely implement the suggestions given above. I will start contacting union leaders



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