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(Guest)

Resignation under probation

Dear Sirs/Madam

I am working in a Central University on a permanent post (9300-34800; grade pay 4200) from 04/10/2013 to till date. The appintment offer says following things:

1. He will be on probation for one year, which can be further extended by one year more.

3. During proation period the appointment can be terminated at any time with prior notice of one month or one month salary in lieu of by either side.

6. He will submit an undertaking to abide by the rules and regulations of the university.

Now please let me tell you the whole story: 

I want to inform you that before joining this university i had applied and appeard for written exam in 2013 for an autonomous government instituion. When i was called for interview in 2014 i gave information and asked for permission through proper channel (i also mentioned that i had appeared for exam before joining here and enlosed that letter asking for permission and information for interview dated 28/04/2014).

But they did not give any answer and so as not to miss the interview and went ahead for interview. When later on i asked about permission letter they said that since i had applied to that org before joining here i need not require an NOC. 

On 15th May 2015 I got offer of appointment to the post which is of higher post and higher grade pay also. I tendered my resignation letter on 18th May 2015 (i mentioned Technical Resignation and asked for Lien too and requested them to kindly relieve me on 17th June 2015 so that i could join the new org on i.e. 18th June 2015, the last date to join) and thus there would be not gap in between of two services in government sector).

When i went to enquire about the status of my resignation letter they told me that why did not i got NOC before going for the interview...i was taken aback! and  then i told them the whole story then they said "OK...OK...we will put up your file to the concerning authority".

Now, I have been going to administative block almost everyday for tabel to table to follow the progress but it seems that they are going by the snail's pace. Going by their working speed, I am not sure that they will relieve me by 17th June 2015. So to be on safer side i sent a letter by speed post to the new org asking for 15 days extension(also enlosed the resignation letter that i sent to current employer) and am waiting for their reply. 

Now my questions are:

1. Am i still under probation period since i have not got any confirmation letter? Or am I confirmed employee since they did not give me any extension letter. No disciplinary action is against me and my service record is clean.

2. Will I get Lien?

3. Will i get Technical Resignation since i am moving from Central to autonomous body and want my 1 year 8 months service to be counted along with Pay Protection, PF, EL etc?

4. What if the current employer does not relieve me by 17th June and new org does not give me futher extention?

5. The new org wants relieving letter if one is working in central or autonomous body or PSU etc. And i had told them at the time of interview that i am working in a university and also stated so in attestation form for interview. Now how can i join without relieving letter?

6. What if the current employer refuses to give Technical Resignation?

Please give your expert opinion on this matter. Thank you very much :-)



Learning

 11 Replies

Purandara N Shriyan (Account asistence)     03 June 2015

Dear Sir,

My ek sadaran aadmi hoon, my ne year 2013 me nalasopora me room book kiya tha aur ab tak 4.39,000/- rs pay karchuka hoon. Lekin ab tak Builder  ne building kaam kiya nahi aur ab wo muje jaan se maar ne ka dhamki deraha hai. muje mera paisa vapas lena hai jo wo nahi deraha hi aaj tow & half year hogaya hai wo muje ghar ba tak nahi diya aur uska kaam bhi ruka pada huwa hai last ek saal se. please muje bataye ki my kya karu. uske paas jane ko dhar lagtha hai.

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2015

U jolined on 4/10/2013 and the probation would have ended on 3/10/2014.After that are U aware whether they hav extended UR probation or confirmed U in service.If so U should have received the confirmation details by now.

Did U apply leave on 28/04/2015, for attending the interview.

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2015

Shriyanji,

App ne bechme kyo ghusgaye, app ek nayi thread me jayiye, kyoki aapke ke pahele aayeso aadmi mushkilme padjayange.

Better post a new query.

Tushar Swar (Practitioner in HR Labour Laws & Compliance)     03 June 2015

Hi Shriyan,

Kindly post in Property law forum, i hope they will be help u in this regards.

Regards,

Tushar Swar

ACHRM, MBA-HR, D.L.L. (Hons)


(Guest)
Devalla jee! I have not received any confirmation or extension letter neither my colleagues have who joined before a month. Yes but I took two days CL to attend interview on May. On April 28 I sent letter for asking permission for interview.

Kumar Doab (FIN)     03 June 2015

You may download the service rules applicable to your establishment and pursue these.

You are deeemd to be under rpoabtion until confirmed in writing.

Plead your case before the concerned authority in person by seeking appointment in writing under proper acknowledgment.

 

However it shall be certainly appropriate to consult a counsel/consultant well versed with rules in advance and proceed further under expert advise.

 

You are at which location?

 

 

 


(Guest)
Thanks sir...I am at Sagar, MP and the new org is in Delhi.

(Guest)
Thanks sir...I am at Sagar, MP and the new org is in Delhi.

H.JanakiManohar Rao (lawyer)     04 June 2015

As per service rules if the probation period has to be extended they have to inform you that ur probation period will be extended .Actually the probation period for direct recruitment is two years in continous period of three of service.If it is promotional post probation period is one year.Regarding your joinning in the new post,First you tender your resignation to the old post and join the new post subject to production of the no objection certificate within 15 days.The old institution shall accept ur resignation within 15 days otherwise they will held responsible for the consequences.   Regarding lien,the central university and Govt institutions are different so they may not give u lien and they are not valid in govt.In any difficulty u meet the vice chancellor directly and represent in writing instead of meeting this clerks often. 


(Guest)

H.JanakiManohar Rao  jee Thanks. They did not inform about extension till date now they are saying you need to work for 3 years for confirmation. This post has no promotion. I have tendered my resignation to my post on 18th May asking them to relieve me on 17th June. I can not join new org as they are asking for relieving letter. When i applied to this new job i was not working but when i went for interview i was working at this university and i also told this in interview. Is there a way that after one month notice lapses i can join without relieving letter on the basis of resignation tendered here?

Kumar Doab (FIN)     04 June 2015

The query has been discussed in detail.

1. Your claim of Technical resignation/Lien etc is valid only if Rules permit.Hence download the rules and show these to an able counsel. If the rules do not provide for then what is the point in clamoring for it.

 

Even Employee's Union leaders can guide you.

 

2. There is no need for moving from table to table everyday. It has already been suggested that you shoudl rather seek appointment and meet the authority e.g.;VC

 

3. If you have resigned and rules do not provide for Technical resignation/Lien etc then you may request the authority to issue acceptance and order for exit formalities/handover and issuance of Relieving letter.

 

4. If next employer's rules do not provide for joining without Relieving letter then you can't.

 

5. If you are apprehensive of getting Relieving letter then you may think about withdrawing resignation if service conditions provide for it.

 

Your repeated posts in the thread may not fetch you any relief.

 

Meet an able counsel at your location. 

 

Act ASAP and save time.


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