Regarding reliving from a psu to nationalised bank through proper channel

Ankita (Querist) 06 August 2012 This query is : Resolved
Sir,

I am a permanent employee in a PSU.I have applied in a nationalised bank through proper channel.
Now I have got selected in the bank and they want me to join within 15 days. I have talked in my present organisation to give 3 months notice period or pay 3 months notice period.
And bank is not providing me 3 months notice period.
What should I do, I ma very tensed.
And one thing more I have also come to know that when an employee is getting transferred through proper channel can retain their lien for two years.Sir I have to join on 13 th August.Please Guide me what should I do.

Ankita

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c.p.s. ramachary (Expert) 07 August 2012
You may meet the CMD of your PSU along with your parents and convince him to waive the condition as a special case. If he does not concede to your request you may file writ in High Court of your state for relief as after all both are public sector undertakings.

M V Gupta (Expert) 07 August 2012
Dont enter into litigation. As per staff rules, you are bound to give three months notice before resigning from the service or pay three months salary (i think it is the basic salary)in lieu of the notice. If your present employer is not willing to waive the notice period the wiser thing to do is to pay for the notice period and get relieving orders. (This will involve less money than the money you would spend for the litigation). Alternatively you may request the bank to allow three moths time to join their service.

Guest (Expert) 07 August 2012
Since NOC has already been granted to you, the PSU does not have any discretion to decline your relief on selection. To avoid any dispute in the interest of your career for the present, better deposit the amount equivalent to the period short of notice period under protest for the present and get yourself relieved to join your new organisation in time. After your joining after getting your service benefits transferred to your new organisation take up the case effectively with the old organisation for refund of your deposit. Failing which file a case in the CAT/Court, as the case may be to get back your money, as your case seems to be very sound, as per the information provided by you.

Sudhir Kumar, Advocate (Expert) 07 August 2012
I agree with Mr Ramachary and Dhingra as far as notice period is concerned.

For lien you have to refer wich set of rules does the PSU follow.

malipeddi jaggarao (Expert) 12 August 2012
I agree with Mr.Dhingra. There is no provision of lien in Public Sector Banks for going outside employment. Forget about it.

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