Bond related
Smrati Kumar
(Querist) 16 December 2011
This query is : Resolved
Sir
I am a permanent employee of a PSU since 2003 . through a departmental exam i joined in the higher grade on 2nd march 2010. Before joining in the higher grade department gave me 5 month training and fresh posting after the successful completion of the training on 14th aug 2010.
I signed 2 year bond for this training and promotion and the bond amount was 35000 and its validity is upto 14th aug 2012.
recently i got selected in Central Govt Services as Group A gazetted office through UPSC.
i applied for this post thorough proper channel & i will get the NOC whenever i will submit the resignation (my joining is awaited likely to get in next 1 month)
as if i am resigning from the job before completing the bond period so i have to deposit the bond amount to the department .....
but in my bond agreement one point is ....
“ THAT IF IN THE OPINION OF THE COMPETENT AUTHORITY THE TRAINEE –EMPLOYEE HAS SUCCESSFULLY COMPLETED THE TRAINING , THE TRAINEE –EMPLOYEE SHALL BE BOUND TO ACCEPT THE EMPLOYMENT OF THE AUTHORITY AND SHALL CONTIUNE TO BE IN THE EMPLOYMENT OF THE AUTHORITY AT ITS DIRECTION, IN ANY SUBSIDIARY OF THE AUTHORITY OR IN ANY DEPARTMENT OF ANY UNDERTAKING OF THE GOVERNMENT OF INDIA , FOR A PERIOD OF 2 YEARS THEREAFTER , UNLESS HIS/HER SERVICE ARE DULY TERMINATED BY THE AUTHORITY BEFORE THAT PERIOD”
Please clarify this statement
&
May I ask to the waiver as i am resigning to join central govt ???
thanks in advance
Amit
Guest
(Expert) 16 December 2011
The only word of "OF" in the text, "DEPARTMENT OF ANY UNDERTAKING" of the the clause makes a great difference, which excludes department of the Government, as it refers to the department of ANY UNDERTAKING, i.e., PSU only of the Government of India. Otherwise the present bond would become transferrable to the department wherever you could have been allocated by the UPSC. Had the word been "OR" instead of "of" in that clause that would have helped you.
Anyway, since you would be joining only in the Central Government organisation, you may probably not feel any major hurdle from the management in getting necessary waiver of the bond conditions.
