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Dhrubajyoti Bordoloi (Asst Professor)     19 May 2011

Resignation from Syndicate Bank

I resigned from Syndicate Bank after working there as Asst Manager for 2.5 years as because I got the job of Asst Professor in a Central University. I recieved the appoinment order from the University on 02/02/2011 and on the same day, I intimated my employer about the same and expressed my intention to join the University. However it was not a resignation letter. The University allowed only 20 days time for me to join them, I mentioned this point in my intimation letter to the bank and asked from their reply on that. The Bank in return informed me that, I need to give notice for three months. After that, I asked for extension of joining time from the University upto 2nd of May 2011 and the University allowed the same. Then I submitted my Resignation Letter on 29/03/2011 citing the reference of my previous letter dtd 02/02/2011 and requested my Bank to consider the letter as three months notice period. But they denied and asked me for payment of two month gross salary for shortfall in notice period. However, as per the Officers Service Regulation of Syndicate Bank, "Intention to Leave or discontinue the service" point is also mentioned. I refused to pay the amount.

As I had to join the University by 02/05/2011, I joined them without being relieved by Syndicate Bank. Now I am fearing that, whether the Bank can take any legal action against me. The Bank has accepted my resignation but they have given the condition that, I will be relieved from the service only when I wil pay the two months gtross salary. Please guide me on that....



 7 Replies

kumar (NIL)     19 May 2011

Dear Dhrubajyoti,

I just want to know one thing, you have received the appointment order on 02/02/2011 from the osmania university. And you have intimated the same to your.  My concerns in this is

1. When did you intimate the same your employer?

2. Why did you delayed for submitng of your resignation letter (29/03/2011)?

3. Does the university people did ask your relieving letter from previous employer?

 

The employer has all rights to take action against you, the reason is also there for taking action. I suggest you to pay the remaining amount to the respective bank and take the proper relieving from there.

...Thank You...

M. Munikrishnan (Bank Executive (Retired))     19 May 2011

Service Regulation reads - "An officer shall not leave or discontinue the service in the Bank w/o first giving a notice in writing of his intention to leave or discontinue the service or resign.   The period of notice required shall be three months and shall be submitted to competent authority as prescribed in these regulations.   

Provided further that the Competent auhtority may reduce the period of three months, or remit the requirement of notice."

The ingredients are - notice period, submission to competent authority, request for waiver of notice period.

It is not known whether you have complied with the above.   In other words, whether the intention to resign has been submitted to the competent authority in the first instance.   If it is done, and an acknowledgement from the competent authority to the above effect is held , then you do stand a chance legally.  

My humble suggestion:   Please meet the concerned competent authority and request for relieivng you since you are joining another central govt. institution.   Normally they accept waiver of notice period.  It has happened in my case long ago. 

Dhrubajyoti Bordoloi (Asst Professor)     20 May 2011

@ Mr. Krishnan:

I submitted my letter dtd 02/02/2011 about my intention to join the University and leave the Bank to the competent authority (Regional Head) through my Branch Manager and I am having an acknowledgement of that also.

Another thing I just wanted to know, the competent authority can waive the notice period, but as per the service regulation, no where it is mentioned that, in lieu of notice equivalent salary amount need to be paid. Now the Bank is asking me for 2 months gross salary in lieu of the shortfall in notice period.

Is that justified? Please provide your valuable advise on it.

anil kumar (service)     20 May 2011

Dear Dhrubajyoti Bordoloi,

It is settled law that in the absence of any term to the contrary or any rule to the contrary, a resignation become effective when it is tendered or with effect from the date notified in the resignation letter, as the intended date with effect from which the resignation is to become operative. Normally, the service conditions of the Banks do provide for giving 3 months notice or gross salary in lieu thereof or the period short of the effective date. In case the amount of salary for the period short of notice is not paid the Bank may deduct the same from any of ur terminal benefits payable to you. No other action is permissible. I am sending a judgement relevant to ur point for understanding in a better way.

 


Attached File : 7623 179032 8 marwar gramin bank and anr vs suresh chandra joshi and ors on 27 september 2001.pdf downloaded: 290 times

M. Munikrishnan (Bank Executive (Retired))     20 May 2011

As regards your query, please note that notice period is mandatory.  Therefore it is in order to claim amount in lieu of notice period.   But the matter have to be viewed as follows:

In the first instance, you have served notice on 2/2/11of your intention to leave the Bank.   Therefore, 3 months notice period expired on 2/5/11.  Therefore, due notice is served.    The only hitch is you have left the Bank without obtaining relieving order or without putting them on notice that you are leaving the Bank after due notice period.   However, there is nothing much to worry.  

Since they have already accepted your resignation, payment of 2 month salary is an issue between you and your old employer.   Your new employer cannot make this an issue.   Your new appointment is not based on experience gained in the Bank.  Therefore, your new employer may not be concerned with your relieving letter. 

As far as the claim of 2 months salary, you may please inform the competent authority suitably that you have adhered to the service regulation [by giving due notice].    Therefore, they have no right to claim any amount from you.  

 

M. Munikrishnan (Bank Executive (Retired))     20 May 2011

dear anilji,

I am not able to download your attachment.   can you kindly send me the details in MS word.  Thanks in advance.

manoj (manager)     22 July 2011

Hi

My offer letter of the bank states that I have to submit the three months notice or 3 months salary in lieu of in case of resignation.

 

Now since I am resigning and giving one months notice and had mentioned in my resignation that the remaining amount can be deducted from my account after all adjustments can the bank refuse to accept my resignation and force me to serve three months notice though i had agreed to pay for the remaining period.


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