Anonymous
18 January 2018 at 15:28
I worked as Examiner of Patents and Designs at Indian Patent Office, New Delhi under the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry. I appointed by president of India on 13th March, 2016.
I applied for technical resignation on 25th September, 2017 and a consequence competent Authority accepted my Technical resignation on 13th Nov., 2017. I got relieved of my duties from the post of Examiner of Patents & Designs on 22th Nov., 2017 to join Indian Oil Corporation Limited (IOCL) for one year probation period.
There are several difficulties I am facing here at IOCL and due to same I am not able to support my family. I am the eldest son in my family and have multiple responsibilities. Nature of duties in IOCL is completely different form the Patent office.
I was applied for repatriation request to the Department of Industrial Policy & Promotion on 4th December, 2017 (after 10 days) (Annexure-I). In continuation of my previous request again I request on 1st January, 2018 to department give me some relief in this matter. (Annexure II)
Department followed the guideline of the DOP&T and according the Rule 26 ccs pension rule 1972 is. (Annexure III)
The procedure for withdrawal of resignation after it has become effective and the Government servant had relinquished the charge of his earlier post, are governed by the following statutory provisions in sub-rules (4) to (6) of Rule 26 of the CCS(Pension) Rules,1972. This corresponds to Art. 418(b) of the Civil Service Regulations:-
(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 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 con-donation of interruption in service but the period of interruption shall not count as qualifying service ;”
6. Since the CCS (Pension) Rules, 1972 are applicable only to holders of permanent posts, the above provisions would apply only in the case of a permanent Government servant who had resigned his post. The cases of withdrawal of resignation of permanent Government servants which involve relaxation of any of the provisions of the above rules will need the concurrence of the Ministry of Personnel, Public Grievances and Pensions, as per Rule 88 of the CCS(Pension) Rules,1972.
Rule number 26(5) not allowed for the withdrawal of resignation of a person to join the Corporation. I have Joined IOCL with the proper permission of the department. My resignation is a technical resignation means my past service is not forfeit. RTI request number is
“DP&PW/R/2018/50032” clearly mention that ccs pension rule no. 26 is not applicable in my case.
.
ashwani singh
16 January 2018 at 18:20
Respected experts kindly guide me how many months notice i have to give i joined the organization in April 2015 & still working.
Terms & conditions of appointment are as follows:
Initially you will be on probation basis which be extended further to another one year by the appointing authority. Your services may be terminated during the probation or extended probation period by giving one month’s notice or salary in lieu of the notice.
After successful completion of probation or extended probation period you will be communicated in writing about your confirmation. In absence of such a communication your term automatically comes to an end & you will cease to be an employee of the institution.
After confirmation your services may be terminated by giving three month’s notice or salary in lieu of the notice.
As institute did not communicate any confirmation notice about my services & no intimation to be ceased the employment yet.
So how many months notice is required to be given ?
Kindly guide me in this regard.
Thank You in advance
R RAJALAKSHMI
16 January 2018 at 16:30
Cental govt service could it be annexed with state govt service.
I have rendered more than nine years of service in permanent post in central government. There is no time gap , I was relieved from central government service on 18.09.1994 duly accepting my resignation letter and I joined the State Government service on 19.09.1994 F.N.
The application for the selection into the state government post was sent through proper channel. But there is no record available to prove that the application is sent through proper channel either with the concerned office or with the me. And I too do not have any copies to prove myself for submission of the application through proper channel.
But the service certificate and relieving order issued by the central govt is available with me and in the central government Service Register, it is registered as resigned and relieved on 18.09.1994.
While calculating my pension, The Accountant General Chennai has objected to accept my central government service of 9 years as Qualifying Service for want of "Technical Resignation" in the Service Register.
Kindly guide me in this regard and how to avail the service of 9 years rendered by me in central government for my pensionary benefits.
Thanks
r lakshmi
Prashant
15 January 2018 at 10:37
Post of Anesthesiologist under NRHM can be included in service bond in Maharashtra or not
Anonymous
14 January 2018 at 13:26
Sir i am posted as a J.E. in a department in central govt,from the beginning i was given rural posting.after two years of hardships and good work my executive engg accept my Request and get me posted in Jabalpur. then new executive engineer came and he is a very arrogant man.he always delayed my ta bills and imprest to which i started opposing and started giving matters in writings. then he started preparing ground to harasse me.He provoked my subordinates to write complaints against me and make my reporting officer to give me 3.2 and 5.2 marks in my apar,which hampered my promotions.then with in a year he transferred me again to a rural place which ddidn't even had a tea shop there.after spending 7 months of time,with the help of some political leader i get a district posting.then again in 1 year he released a transfer order to change my headquarter to 30 KMS away to a rural village.i will have to report there sharp at 08:00 which is very inconvenient as bus services are very poor on that route. there are many colleagues who are very junior to me but from the beginning the are posted either to some good cities or they spend very less tenure in rural places.kindly guide me what can i do in this situation as due to this me and my parents are getting mentally disturbed.we even sometimes unable to sleep at night fearing what bad the next he will do to us.my mother is a heart patient and i can not bear to tell her about the harassment i am going through. they don't let me leave the job as they want me to get married.kindly help me asr
BV Sridhar
12 January 2018 at 17:17
Dear Sir,
My query is whether deliberate overstayal in the company premises without any authorization be treated as overtime under Factory Act,1948?
Can you please provide me a copy of the latest judgement in this regard?
Anonymous
10 January 2018 at 21:32
Hello respected learned,
My query is as hereunder stated
1) X is complainant and brother of the truck owner who informed police and lodged complain regarding the an accident wherein his brother’s employee got death due to an accident in rear tyre when truck was coming in reverse side.
2) Y is an owner of the truck having his name in certificate of registration and insurance policy and inspection report of motor vehicle and goods carriage permit.
3) After the incident taken place legal notice was issued by heirs of the deceased to the Y who is an owner and insurance company.
4) Y owner and insurance company received the legal notice but not replied.
5) Then after heirs of victim lodged fatal compensation case before the labor court.
6) As per routine the matter was proceeded and at present the matter was on the hearing of applicant.
7) Now it was found that y owner is not joined as opponent but by the mistake x, who gave the complaint against the driver is joined as opponent No.1 instead of Y who is the owner of the truck even though legal notice was issued in the name of the Y.
8) Now I would like to replace x and would like to add Y whether is it possible ?
9) Under rule 6 order 11 application can be filed ?
Please suggest thanks in advance
SUDHIR KUMAR DASH
10 January 2018 at 02:33
I WAS SERVICING AT CRPF ON 2008, BUT A CASE WAS LODGE AGAINST ME ON 8/10/2010 U/S-420 AND 468 BUT DEPARTMENT GIVE A PUNISHMENT WITH EX PARTE DECISION WITH DISMISSAL FROM SERVICE BUT THE CASE IS TILL DATE PENDING IN JMFC COURT BALANGIR, ODISHA HOW CAN I GET THE JOB WHAT IS THE LEGAL PROCEDURE I WAS NEVER PARTICIPATE IN DEPARTMENTAL ENQUIRIES AFTER A LONG PERIOD CAN I GET THAT JOB OR NOT THE COMPLAINANT IS NOT APPEARING THE COURT SINCE 2010 WHAT SHOULD I DO AND HOW MUCH TIME TO TAKE GET JOB WHAT IS THE FEE OF A LAYER , I AM BELONGS TO ODISHA MY CONTACT NUMBER IS 07377880511, 09438116686
Binod Kr.
09 January 2018 at 22:51
I am a non gazetted govt. servant (V.L.W) in block office under Jharkhand Govt. I am about to get additional charge of another non gazetted post (Panchayat Secretary) which is a lower grade pay post under same office. The work procedures are entirely different of both the posts. One post is from agriculture department and the other post is from rural development department. I wanted to ask that am I eligible to get additional allowance for that additional charge? What are the rules regarding this under Fundamental Rule 49 (b) or any other section? Please help.
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Gratuity
Madam/Dear Sir,
I have resigned from central govt organisation after continuous service of 6 years 7 month and joined in central govt. PSU. As i have joined in psu, so my past service is not carry forwarded. However, they rejected my gratuity application, simply mentioning that i am not eligible for this benefit. Please suggest me whether i am eligible for gratuity with proper goverment order.