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Krishna Kumar (Asst. Admin Officer)     11 May 2010

SERVICE BOND TRANSFER

Sir  I am working with a P.S.U. and I have executed a bond of rs one lakh for four years. Now I have been selected for a job in state government department for which I have applied before joining the P.S.U. I have applied for resignation notice on 18.02.2010. (notice period being three month) I have applied to my present employer for service bond transfer.

         My present employer has given me in writing to seek consent of the new employer for his willingness of service bond transfer .On approaching new employer , he has shown reluctance in accepting the service bond transfer.Also he has asked for a communication from my present employer. But my present employer has refused to address my new employer.

   Please advise me what should I do. Who should start the process-my present employer or the new employer. Please help me . I am going through sleepless nights.

Krishna kumar

09426378582 



 9 Replies

Amardeep Srivastava (Senior Law Officer)     11 May 2010

Dear Krishna, There is a DPE Guideline which lays down that in case if an employee is shifting from a PSU to PSU or government the service bond should be transferred to the new employer. These guidelines date back to july 2004 and you can get it from the web site of DPE. You can quote this to both your present employer and the new employer. I think this should solve the problem. Regards Amardeep
1 Like

Dinesh Kumar (Geologist)     21 September 2010

Dear Sir/Madam,

                          i would like to put a questios regarding the service bond transfer. i selected for a PSU through Campus interview during that time they haven't told anything about transfer bond, but while sending the appointment they send the bond paper to agree their rules...getting out from the college i have no other option otherthan signing that bond. i joined... but 2 years passed i applied and got selected for other PSU without knowledge of company. 

                          newely selected PSU is ready to accect the bond,,,, but the earlier employer disagree in transfering the bond...............montioning the u haven't applied through proper channel.. and they stopped my resignation at last moment.....

                          the earlier PSU told nothing about service bond during campsuing in our college and most of the colleges across the country... if they did injustice to me and all our collegue friends... then y they are taking about rules.....

kindly some one tell me what to do... can i go for supreme court for this matter.. lot many friends are still in a cage... please give someone reply....?????????????

 

Rama mohan Acharya (Manager HR(Legal))     22 September 2010

Dear Mr. Krishna,

 The OM No. BPE/GT-017/77/VAN/2(11)75-BPE(GM I) dated 13.6.1977 clearly stipulates that bond liability is transferrable.

1 Like

Rama mohan Acharya (Manager HR(Legal))     22 September 2010

Dear Mr. Dinesh

At the one hand on accepting the appointment contract from ur first employer u  are in contract obligation, . It is imaterial whether the employer disclosed it at the time of interview or not. At the same time as mentioned above, there is nothing mention in the om that the application should be thorugh proper channel. In ur case if there is no problem from the new employer, please ask ur present employer in writting under what provision they are deening the transfer the liability.

1 Like

Dinesh Kumar (Geologist)     23 September 2010

Dear Ram Mohan Sir,

                                       first i would like to thank for your reply. my first PSU employeer is denying the bond transfer saying that as per the DEP guidelines the bond is transferable when is applied through proper channel..i applied for the other PSU company before my period of Probation. one thing sir ... even all our HR Personnel are ready for my request but one single fellow (GM of the Project) changed the entire senario at the Last moment. so the case went up the Head office and now i paid the amount and i joined other PSU after paying the bond amount of Rs.3 Lac. so in this case what ever the money i received as the salary  all were taken back and ask me to get free... reallly it is very painful at that moment...... plz suggest me on the basis of Humanity whether i can do something legally.............

Amardeep Srivastava (Senior Law Officer)     24 September 2010

Dear Dinesh,

Prior approval before applying to any job outside is generally a part of the service condition. In your case you have not taken the prior approval/noc before applying outside. Legally your case is not on a very strong footing.

Regards

Amardeep

1 Like

narendra (class II)     12 October 2010

respected sir(s) i'm having similar problem the only difference is that i was under training and the authorities said that they won't give any NOC for interview as 

1 i had applied for that job before joining and written exam was also given before my training.

2 under training i'm still not a proper employee and our actual joining starts after training ( a joining letter was given after training)

now they are claiming bond amount telling that no NOC was taken earlier!

PLEASE GUIDE, the amount is also not that small....

C Pradeep Kumar (administrative officer)     20 December 2012

Dear Sir,

First of all thanks for creating this forum, I am presently working in The Oriental Insurance Co Ltd (Govt Undertaking) and i had a bond for 4 years. Now i am selected in Hindustan Petroleum Corp ltd, where there is no bond. Now can the bond be transfered there on the ground that iam going from one PSU to another PSU. I Spoke to my present company officials they denied of transfereing the bond, stating the HPCL is not having any bond then how it could transfer.. so plz advice me whether bond transfers or not. otherwise i've to pay a hefty amount..

Regards,

C Pradeep kumar

Tanushree   27 March 2017

Sir I would like to know what could be done if state govt has no clear set rules regarding acceptance of bond transfer formalities...Do they have to follow DOPT guidelines..Plz help...my email tanu_2011@rediffmail.com


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