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Resignation during probation period from group a service

(Querist) 03 February 2017 This query is : Resolved 
I am into the 2nd month of training in a Group A service. The appointment letter doesnt mention any notice period during probation period. I need clarification on the issue: Whether a notice period is applicable during the probation period?
Guest (Expert) 03 February 2017
Mr. Chandra,

Yours is not a legal problem.

In this case, if you really belong to Group A service of the Government, it would have been appropriate for you to have contacted the Staff Section under your cadre controlling authority for guidance.

However, in any case, minimum one month's notice is necessary for your resignation.
chandra (Querist) 03 February 2017
Thanks Dhingra Sir,

Yes Sir, i am in Gr-A Service. The staff section was contacted and they didnt have any idea about the same due to lack of precedent.

Once i was told that during probation, we are temporary employees and hence rules will apply accordingly.

This is not a legal problem, I agree :). Actually during training we have limited access to advice
chandra (Querist) 03 February 2017
Thanks Dhingra Sir,

Yes Sir, i am in Gr-A Service. The staff section was contacted and they didnt have any idea about the same due to lack of precedent.

Once i was told that during probation, we are temporary employees and hence rules will apply accordingly.

This is not a legal problem, I agree :). Actually during training we have limited access to advice
Guest (Expert) 03 February 2017
Mr. Chandra,

Before I reply your supplementary question, can you intimate, what was the mode of your recruitment and for which cadre of service in which department, as striking in the air or in dark may not help you?
chandra (Querist) 03 February 2017
Sir,

I was recruited through UPSC CSE to IRS (C&CE)
Guest (Expert) 03 February 2017
Dear Chandra,

Officers recruited through UPSC for Group A posts are permanent from the very first date of their inception, as their recruitment is made against permanent posts. May be you are a probationer, but you are not temporary by status.

Minimum one month's notice is quite essential in your case, if you want to resign.

Ms.Usha Kapoor (Expert) 04 February 2017
S.Dhingra Sir.Agree with PS Dhingra Ji.
Guest (Expert) 04 February 2017
Usha ji,

Thanks for agreeing with me.
Adv. Yogen Kakade (Expert) 04 February 2017
Rightly guided by the expert.
P. Venu (Expert) 04 February 2017
In service, at present, is governed by the provisions of CCS(Temporary) Service Rules, 1965. You may submit the resignation in terms of Rule 5.
Rajendra K Goyal (Expert) 04 February 2017
Agree with the expert P.S. Dhingra.
Guest (Expert) 04 February 2017
Rajendra ji,

Thanks for agreeing with me.
ADV-JEEVAN PATIL, MUMBAI (Expert) 05 February 2017
Resigned while in probation dispense with one month Notice
chandra (Querist) 05 February 2017
1. For permanent employees, notice period is 3 months.

2. For temporary employees, notice period is 1 month.

Nowhere there is any clarity on probation period. In CCS rules, as well as in Indian Revenue Service Rules.

So which one will be applicable in this case?
Guest (Expert) 05 February 2017
Which CCS Rules? Every set of Central Government Rules for its employees start with the words CCS.

If you have any sort of doubt, better contact the DOP&PW for clarification.
krishna mohan (Expert) 20 February 2017
Well advised by Mr.P.S.Dhingra. In your case I am of the view since you are in probation, a normal notice period of 3 months will apply. In any case if you are you in a hurry to quit, you may seek for relief with one month notice period and if authority insists, you may have to comply the rule relating to notice period if they bring to your notice now.


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