Upgrad LLM

job switch from psu to central govt.


 

 

Sir , in 2010 i applied for a Central govt. class "A" gazetted officer post through UPSC with closing date 18/03/2010.  Later i got job in a PSU as group B executive and joined in may 2010. The appointment latter said that  

The trainee shall not apply to any organization for employment outside the organization during his/her training period and no application will be forwarded for outside employment  before completion of one-year service.”

It further said ---

If the Trainee-employee voluntarily quits at any time during the period of training /or  does not serve the Organization for the stipulated  period of 3 years thereafter, the trainee-employee and the surety shall jointly and severally  compensate the organization for all the expenses incurred by it on account of and in connection with  his/her training. The expenditure incurred by the organization on account of and in connection with the training of the Trainee-employee shall include the stipend, T.A. etc. paid to the Trainee-employee during the training period, the cost of supervision, overhead and other direct and indirect expenses incurred by the organization on the training.  The decision of the Chairman or an Officer nominated by the Chairman of the organization shall be final and binding as to the total amount of expenditure incurred by the organization on account of and in connection with the training of the trainee employee.   However, the total amount recoverable under this clause shall not exceed Rs.3,00,000/-[Rupees Three lacs only].

I have got selected in the mentioned govt job.

1)Now my question is i applied to UPSC before getting the job in PSU. Moreover UPSC did not ask any NOC for the interviews or at any stage. I hav honestly mentioed about my job in the biodata form sent by UPSC before interviews.Still no NOC asked. Can I face any problems in switching the job and release?

2)I have heard that for appointment by UPSC, any organization is bound to release employees, is it true anddo I have to still pay the bond money?

3)Will my seniority get carried over from PSU to central Govt?

Thanking you and looking forward for kind help, thanks in advance

 

 
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Consultant & Legal Analyst

Dear Debapriyo,

 

You have not mentioned whether you were employed or not in any department prior to your application, dated 18.03.2010 for the Group 'A' post.

 

UPSC does not ask for the NOC, as it is the internal arrangement of the last employer and the employee to relieve or get relieved.

 

About your 2nd question, your presumption is quite wrong, as the candidate cannot get privilege in any employmentif he has not applied for the UPSC post, that too applied through proper channel. Since you did not apply for the job advertised by the UPSC through the PSU, your PSU employer is not bound to relieve you unless you fulfil the conditions of the bond with the PSU?

 

About your 3rd question, you will not get any benefit of seniority with reference to your employment in the PSU, as your service in PSU does not have any link towards your selection for the post advertised by the UPSC.

 
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Firstly , Heartiest thanks for replying sir, 

Sir before applying to UPSC i was not working anywhere . Sir there was no scope of applying though proper channel as i was not employee of tht PSU that time. So, PF and benefits etc will not be transferred from previous to present employer ? I thought since PSU is also govt of india undertaking and i am moving to central govt organisation, benefits get transferred. 

As last resort i will be having the option of resigning in PSU and join new job as fresh employee , isnt it sir?

Thanks in advance sir.

 
Reply   
 
Consultant & Legal Analyst

Originally posted by :DEBAPRIYO
"
Firstly , Heartiest thanks for replying sir, 

Sir before applying to UPSC i was not working anywhere . Sir there was no scope of applying though proper channel as i was not employee of tht PSU that time. So, PF and benefits etc will not be transferred from previous to present employer ? I thought since PSU is also govt of india undertaking and i am moving to central govt organisation, benefits get transferred. 

As last resort i will be having the option of resigning in PSU and join new job as fresh employee , isnt it sir?

Thanks in advance sir.
"

Dear Dabapriyo,

 

Your presumption is correct, as the benefif of past service in the Government organisation is permissible only to the employees who appried through proper channel and relieved as a consequence of technical resignation (merely a formality).

 

About PF, every central Government organisation has not only independent controlling authority for PF, but also different set of account numbers according to the organisations under the Controller General of Accounts for the organisation. PSUs have their own arrangement of controlling the PF accounts through the Commissioner of Provident Fund (not the CGA), so you may have to withdrw the PF accumulation on quitting the job.

 
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Assist. Manager

Sir, I was working in a PSU as an Officer. I applied through proper channel in Central govt. job (class 1 gazz. job). I had to join the central govt. job by 10th Oct 2011. But before that I got an Offer from another PSU and I joined the 2nd PSU job on 7th Oct 2011. Now I got the final opportunity from that central govt. job and I want to join. I have taken further extension in the central govt. job so as to complete my resignation formalities in my current job and join there. I have informed the central govt. dept that in-between i joined another PSU and have to undergo 3 months notice period and on this basis they given me 3 months extension.

Now the thing I want to know is basic pay protection. In the 1st PSU, my basic pay was 25650 in scale of 24900-3%-50500. The Central govt. job was having basic pay of 25350 in the scale of 15600-#%... +grade pay 6600.

The PSU i'm currently working with, my basic is 29100 in the scale of 29100-3%-54500.

What will be my basic pay in central govt.? will it be 29100? or something else as per some unknown formula to me?

OR the basic will not be protected as I applied through propoer channel from 1st PSU, and on the time of joining 2nd PSU, I was already having the offer, so 2nd PSU se i think NOC is not applicable.

 

Please provide me the required information .

 
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