LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

anil awasthi (govt)     09 December 2014

Is noc from govt. needed to join private service.

I am working as a doctor in state govt for 14 years. Now I want to leave the job and join private sector. Do I need any NOC from my govt employer or I can just walk away. Govt is not giving me NOC to apply for any other govt institution on plea of shortage of doctors. I have left one year of service as bond period. I have more that 300 earned leave to my account.. I desperately want to leave this job as I am getting better offers from private sector.

Kindly help.



 9 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 December 2014

According to the guidelines the government doctors can do private practice only after their duty hours. They can not run any clinic, nursing home or hospital in their name or in the name of their family members.You can do private job after govt. service hours. Do not leave the job is my suggestion.

anil awasthi (govt)     09 December 2014

Thanks sir,

I am getting NPA (peanuts!), so I cant practice. I want to join teaching job and govt has no vacancy in its medical college. I may have to wait for years for my seniors to retire. I cant join a reputed institution only because my govt don't give me NOC. On humanitarian bases also i feel I can serve better in pvt sector as govt setup do not reward your hard work and talent. I think I have to wait for one year to complete my bond period, kindly advise if there is any other option.

Once again thank you for replying.

Regards

T. Kalaiselvan, Advocate (Advocate)     11 December 2014

If you have so much of grudges and grievances on being a government employee, choice is yours to choose an employment in the private hospital.  What about your pensionary benefits?, yu may not get your pension if you leave the employment half way because you may have serve for a minimum of 20 years to beome eligible for pension benefits.

Adv k . mahesh (advocate)     12 December 2014

for above query before answering go through the relevant rules of pension as above said is 20 years and it is wrong as 10 years is sufficient to get pension and i am giving you the paragraph for your ready reference 

 

Pension

The minimum eligibility period for receipt of pension is 10 years. A Central Government servant retiring in accordance with the Pension Rules is entitled to receive superannuation pension on completion of at least 10 years of qualifying service.

In the case of Family Pension the widow is eligible to receive pension on death of her spouse after completion of one year of continuous service or before even completion of one year if the Government servant had been examined by the appropriate Medical Authority and declared fit for Government service.

W.e.f 1.1.2006, Pension is calculated with reference to average emoluments namely, the average of the basic pay drawn during the last 10 months of the service or last basic pay drawn whichever is beneficial. Full pension with 10/20 years of qualifying service is 50% of the average emoluments or last basic pay drawn whichever is beneficial. Before 1.1.2006, for qualifying service of less than 33 years, amount of pension was proportionate to the actual qualifying service broken into completed half-year periods. For example, if total qualifying service is 30 years and 4 months (i.e. 61 half-year periods), pension will be calculated as under:-

Pension amount = R/2(X)61/66

where R represents average reckonable emoluments for last 10 months of qualifying service or the last pay drawn as opted by the govt servant.

Minimum pension presently is Rs. 3500 per month. Maximum limit on pension is 50% of the highest pay in the Government of India (presently Rs. 45,000) per month. Pension is payable up to and including the date of death.

source : https://pensionersportal.gov.in/retire-benefit.asp

Sudhir Kumar (Retd Govt Officer)     13 December 2014

I believ you want to outright resign without bothering for pensionable service.

 

You need NOC to apply for job in Govt sector. You need no NOC of Govt before resigning to join private sector.

 

 

anil awasthi (govt)     13 December 2014

Sir,

I wanted to apply for the post of Asst Pro in  a prestigious college in Chandigarh. As govt refused to give me NOC  (verbal information about the stand of the govt), I applied as a direct candidate without any intimation to the govt. Because no application would have been accepted without the NOC from previous employer. So, I plan to resign if selected.

Do I have any chances Of getting any service benefit through court if I get selected. Or, should I give one application through proper channel even if govt rejects it and do not forward it to the Institution to which I am applying?

Sudhir Kumar (Retd Govt Officer)     26 July 2015

you are not entiotled for any pension whatsoever if you voluntarily quit before 20 years of paid service.

I disgree with anyone offering contrary view of 10 years service.

 

 

In any case of regination, irrespective of reasons you are entitled for :-

(i) leave encashment

(ii) GPF.

(iii) Gp Ins deposit.

Sudhir Kumar (Retd Govt Officer)     07 July 2016

Originally posted by : Adv k . mahesh

for above query before answering go through the relevant rules of pension as above said is 20 years and it is wrong as 10 years is sufficient to get pension and i am giving you the paragraph for your ready reference 

 

Pension

The minimum eligibility period for receipt of pension is 10 years. A Central Government servant retiring in accordance with the Pension Rules is entitled to receive superannuation pension on completion of at least 10 years of qualifying service.

In the case of Family Pension the widow is eligible to receive pension on death of her spouse after completion of one year of continuous service or before even completion of one year if the Government servant had been examined by the appropriate Medical Authority and declared fit for Government service.

W.e.f 1.1.2006, Pension is calculated with reference to average emoluments namely, the average of the basic pay drawn during the last 10 months of the service or last basic pay drawn whichever is beneficial. Full pension with 10/20 years of qualifying service is 50% of the average emoluments or last basic pay drawn whichever is beneficial. Before 1.1.2006, for qualifying service of less than 33 years, amount of pension was proportionate to the actual qualifying service broken into completed half-year periods. For example, if total qualifying service is 30 years and 4 months (i.e. 61 half-year periods), pension will be calculated as under:-

Pension amount = R/2(X)61/66

where R represents average reckonable emoluments for last 10 months of qualifying service or the last pay drawn as opted by the govt servant.

Minimum pension presently is Rs. 3500 per month. Maximum limit on pension is 50% of the highest pay in the Government of India (presently Rs. 45,000) per month. Pension is payable up to and including the date of death.

source : https://pensionersportal.gov.in/retire-benefit.asp

Foir seeking voluntary retirement and for getting pension 20 years is still the conditions.  i shall be greateful if you coudl cut and paste any amendment to CCS(Pension ) rules.

Kumar Doab (FIN)     08 July 2016

You have posted that:

"I have left one year of service as bond period."

Look into the liquidated damages that you may have to pay.

Weigh all pros and cons before you decide.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query