This topic is deleted as already other thread has been started .
From India, Calicut
If your resignation is not accepted, write to them on your desire to rejoin. regards R.Ponraj
From India, Lucknow
Dear Sajik,

Before proper advice can be rendered, you may need to answer the following questions, as no rule, regulation, or order in itself is complete and if applied singly, that is just like reading between the lines to cause more harm than any benefit:

1) Did you apply for the PSC exam through proper channel? If you applied through proper channel, you may even get benefited more by virtue of provisions of rules (For detailed examination complete details of the case would be necessary to be sent through email).

2) Did you sign any bond for your CPSU executive post at the time of your promotion?

3) If you signed, what is the bond period?

4) What is the period of your work in executive post in the CPSU?

However, if you have decided to rejoin the previous post for which you resigned, but resignation is yet to be accepted, you still have the right to rejoin that post if resignation has not yet been accepted. BUT a formal application for withdrawal of resignation is quite necessary, which has to be formally accepted by the competent authority also.

PS Dhingra



From India, Delhi
Hi,
I completely agree with the views expressed by Shri P.S.Dhingra. U need to answer the queries raised by him. As far as going back to the same organisation from where u resigned, I personally feel that joining the same organisation may not be in the interest of your career.

From India, Mumbai
Hi,
You can enjoy your new job, they can not do anything if they did not inform you about the bond amount when you were in 30 days notice period properly.
Actually some companies especially CPSUs/PSUs do not bother about the resignations, relieving and many other things properly, they have their ‘SARKAARI’ type procedure.
I would suggest you that If you have properly resigned and served 30 days notice which they have in their policy, then you need not to worry at all. Enjoy your Government Service.

From India, Ghaziabad
Dear Sajitkt,

If my understanding is right generally when you are already working in government service/ Public Sector Undertakings you may be required to route your application for a new goverment job through your current employer (in your case PSU). Is my understanding right?

In your case you have stated that your controlling office has sent letters to higher ups (were these letters addressed to you or you managed to obtain a copy of the letters sent to your higher ups) stating that you need not pay the bond amount.

In my opinion if the letters were indeed addressed to you, you can write back to your previous employer that you have served the notice period demanded by them and also paid the dues as sought by them. However, if those letters were internal correspondences then this move will be a dangerous move. WATCH OUT!!

But quitting the new government job and once again going to your previous employer may not be wise decision.

Kindly enlighten the fact raised by Mr.Dhingra (Did you sign a bond if so what is the period) and what were the terms and conditions of your employment consequent your promotion to the executive cadre.

This will help us further to advise you suitably..

Regards

M.V.KANNAN

From India, Madras
Dear Saji,
It is not a question of your working in a central or state Government department. You were working in Central Public Sector Undertaking, which observes, besides the company law and other related provisions, all such rules based on the Central Government Rules, orders and instructions, as are routed through the Bureau of Public Enterprises (BPE). Had you applied through proper channel, you could well have saved yourself from the problem, as that would have been treated as the consent of the CPSU to transfer your services to the State Government on your selection.

Since all your actions were independent, without taking in to confidence of your organization, you are still bound to observe all the directives of your previous employer (CPSU) and clear all dues, including bond amount, before acceptance of your resignation. Clearance of all dues does not mean clearance of only notice period amount of the emoluments. Your bond agreement will certainly come before you as a hindrance, as that is kept in your main personal file with the HR Department of the CPSU Headquarter, not your local controlling office. Since your recruiting authority to the executive post was the CPSU, all clearance or no objection was mandatory for you to settle with the CPSU, not your local controlling office. Even if you have joined the new post, that can also be treated as illegal by the organization you have left.

So, one of the two alternatives left for you are:

Either
1) you clear pay the bond amount prorata to the remaining bond period; OR
2) Resign from the new post, formally withdraw your resignation to rejoin your previous post.

BUT, beware, 2nd one is more risky for the present, as acceptance of withdrawal of your resignation will still be at the discretion of the competent authority in the CPSU. The competent authority can still refuse to accept your withdrawal of resignation and also can refuse to rejoin you, as
your case can still be treated as misconduct on your part against the organization's Conduct and Discipline Rules, having already joined another organization without taking no objection certificate or getting your resignation duly accepted before joining the new organization. CPSU can also treat you as absent from your duty without permission during all the intervening period, as another misconduct.

So, better, take necessary precautions to avoid any disciplinary action or remaining without any job.

PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi



From India, Delhi
Dear Saji,

As suggested by Dhingra it will not be wise on your part to rejoin as the previous employer can still refuse to accept your withdrawal.

As rightly pointed out by you, your current employment has been taken up by you without proper relieving by your previous employer and this itself is not in order. But I am surprised as to how your current employer appointed you without verifying the relieving order of your previous employer.

The best option is to pay up the bond amount demanded by your previous employer obtain the relieving order and also the terminal benefits.

Rejoining your previous employer may not be advisable as in PSU's there could be a procedure of blacklisting candidates owing to some misconduct or the other and if your case is so blacklisted then your career opportunities in your previous employer will be at stake.

Going to the court of law will be a solution no doubt but you have clearly stated that you only copies of internal correspondences and nothing has been addressed to you and if you intend to produce these documents in the court then it will be viewed that you have violated the confidential procedures of the organisation which will attract severe penal provisions.

The best option considering the above is to pay up the bond amount and rest at peace. Continue your employment with your new employer.

Any other queries please feel free to communicate.

M.V.KANNAN

From India, Madras
Dear Saji,
The option suggested by Kannan is correct , to settle the Bond amount because in Govt companies they bother for the procedures and the monies. In Govt companies, Staff worry much for various types of Audits as Govt companies run by public money. If the Bond amount and any other dues are settled, the same Officer may recommed for your NOC on your humble request explaining your plight to him.
Note: I was also an employee in PSU
All the best
Samanta

From India
Dear Saji,

Replies to your questions are as follows:

1). Bonds for the external and internal candidates can be the same, but the stipend condition is applicable only to the outside candidates, as central rules permit the employer to allow a departmental candidate his/her full pay and allowances during training period. The management cannot reduce your emoluments during your training period, except the HRA and CCA, other compensatory allowances, which are applicable only to the place where you reside during training period. The CPSU cannot ask you to pay back your training period salary.

(A) So, nothing is illegal in that case. The bond is legally valid.

(B) For terminal benefits you cannot go to the court of law, unless the benefits are denied by the organization. Delay in settlement of terminal benefits depends upon the settlement of issues pertaining to service matters, as per the rules of the organization and the response of the employee.

2). To withdraw a resignation before or after resignation in the new organization are two different issues. The only thing you must keep in mind is that you cannot hold two posts/employments simultaneously at a time. That is objectionable and a part of misconduct in both the old as well as new organization. So, in other words, your present position is such a complex that it is in violation of conduct rules of both the organizations, as you joined the new organization without getting your resignation duly accepted from your past employer. However, to withdraw your resignation from the old post has nothing to do with your position in the new post, as it all depends upon the authorities concerned of the organizations how seriously they take your case in each individual organization without having any concern with the likely action by the any other organization.

But, if you want to rejoin your old post, you must not be in any employment. But, still permission to withdraw your resignation is at the sole discretion of the competent authority.

3) If your previous Appointing Authority permits you to rejoin and you chose to rejoin the CPSU, it would all depend upon how serious the competent authority would like to treat your offense. However, if he goes by rules, the extent of penalty can be termination of services for your unauthorized absence, as this is treated as a major penalty case only. You can however escape from dismissal from service.

SO, to buy mental peace for you, it would be better for you not to touch the hornet's net (issue of rejoining old organization), pay the bond dues and continue with your new post without giving any inkling in the new organization.

PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi



From India, Delhi





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