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Anurag Singh Baghel (Assistant Professor)     29 January 2011

Service Conditions and Notice Period Changed by University

I am an Assistant Professor in permanent capacity in a deemed to be University. The University receives grant from UGC for its several departments. When I was appointed 7 years back in this University, my appointment letter mentioned that the notice period for the permanent employees would be three months which might be bought by depositing three months salary. Here, by salary they mean Basic + DA.

Suddenly, when they responded to sixth pay commission, they changed the service conditions, increment schemes, salary structure drastically. Mind, this change was not at all at any place compatible with the sixth pay commission. Salaries were only restructured and not increased in general. Very few people got increased salaries. Unlike previously, increments were also not guaranteed anymore.

Not only this, they have made an almost impossible to achieve performance metric basis of increments; it was not at all possible to perform for a ‘not super human’ according to that metric to get even 3% annual increment. The rules for this performance metric were not yet fully framed; they were at best incomplete and full of flaws. Even the application of these rules was not proper and they were used to decide the increments. In fact I doubt if the increments given are according to even the declared policy.

Employees are now forbidden to discuss their salary to anybody and this would be considered a major offence.

After doing all this they, further, enhanced the notice period of permanent employees to six months. According to new rules – “Employee has to serve a six months notice period or up to the end of the semester whichever is later. Employee must serve the notice period and is not allowed to buy notice period. However, if University wants, it may either give the employee a six months notice or six months’ salary or a mix of it. If Vice Chancellor wants, he may increase or decrease notice period of any employee at his will.” They conveyed it through an office order and no consent from my side was given nor was it sought.

Now my questions are-

1.       Can an employer, without the consent of an employee, change his service conditions so drastically unilaterally without his consent?

2.       Isn’t the whole picture is inhuman? Isn’t it exploitation?

3.       Is it challengeable in court?

4.       What if I get a good job and want to go out of this hell but the six months notice period comes in between. Can I insist on original clause of my appointment that was three months notice or salary?

5.       Is it proper and allowed to ask Basic +DA as salary to be deposited for buying notice period; as per my knowledge it is only Basic most of the places.

6.       Can the VC relieve me somewhere between the notice period if I give six months notice to save salary of summer vacations without my consent?

7.       What are my rights in this regard? This university has ruined my carrier and is continuously doing so. What can I do if they do not give me relieving certificate if I leave before the completion of six months notice period?

8.       What leaves are admissible in notice period?


 1 Replies

Pradipta Nath (Advocate)     25 September 2021

This is a very long query to read and reply. In case you are comfortable, please do consider in communication me in my private window.

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