Immediate resignation not accepted, salary pending.
Querist :
Anonymous
(Querist) 17 August 2020
This query is : Resolved
Dear Sir,
I was working as an UGC approved assistant professor at a private engineering college. I had wholeheartedly worked there for five years 11 months even though salary was highly irregular there (sometimes 6-7 months).  I got offer letter from another reputed institution during Diwali 2019 holiday, then I informed my HoD on phone and resigned immediately  on email and  joined the new institute immediately as there was an urgent  requirement and I did not want to miss it.
Pending salary at that time of resignation was of four months (July to Oct 2019). I could not serve any kind of notice period. They refused to accept resignation by mail and asked  me to join immediately stating that I am a good teacher so students relying on me, complete the semester and then they will accept my resignation formally.  I had already joined the new institute.
I have  also given  previous college a written resignation. The remark given by HoD in front me was only "forwarded to principal".  However, later when I met principal to convince ,  I found bigger remark  that my semester  is incomplete and work remaining and all on it.  This remark is not written by HoD but the principal. However  principal is saying its written by your HoD and he can't accept it as its showing my  remaining work. In short, they have neither accepted not rejected my resignation. I met them 4 -5 times and tried to convince them for  releaving letter and due salary but they didn't entertain me at all.
That Principal is threatening me to inform at my new workplace and ask them how they joined me without releaving letter from previous employer and he will also send a letter  to me that I am absconding from work. When I met principal  last time in the last week and requested for may salary, he asked me to submit fresh resignation letter and told that submit it and then they will think and do whenever they want as I am not their priority.
My due towards previous employer are:
1) Three months (August, Sept, Oct 2019 salary)- July 2019 salary was also due but they credited to me in February 2020.
2) Examination remuneration from May 2017(University provides this in advance to college to reimburse to professors, yet its not given)
3) PF
4) Gratuity
Note: Its clearly mentioned in my appointment letter that either  party can terminate the order by three months notice or three months basic salary.
My expectations are cut my three months basic and release my due salary and other amounts as well as releaving letter.
My questions are:
Shall I give  fresh resignation letter as they're demanding?
Can he legally inform my current workplace and take action against me?
Can I take action against him, if he does so?
Can I get the gratuity? They haven't given to a single person who has left so far.
I am also afraid that I will get worse remark in releaving letter. (Though, my tenure was very good there and I have never got any memo or adverse remarks for anything during service.)
Kindly Help.
Rajendra K Goyal
(Expert) 17 August 2020
You said:
Can I take action against him, if he does so? Can I get the gratuity?
Reply:
You have resigned, pending payment of full and final dues. What type of action you want to take? You are entitled for the gratuity, if college does not pay approach Concerned department.
You said:
Shall I give fresh resignation letter as they're demanding?
Reply:
Never go for such mistake, you have resigned already, let them proceed on it.
Rajendra K Goyal
(Expert) 17 August 2020
You said:
They haven't given to a single person who has left so far.
Reply:
You have concerned with your dues. If not paid, send legal notice, process may be cost and time consuming.
You said:
I am also afraid that I will get worse remark in releaving letter. (Though, my tenure was very good there and I have never got any memo or adverse remarks for anything during service.)
Reply:
Whether any value of such remarks exist? They are not supposed to be nice to you in given circumstances. If any such remarks is given which can damage your career, challenge in the court.
Isaac Gabriel
(Expert) 18 August 2020
Whether both employers are Government?.The job done in the mew instition cannot be hided. As s first step, file applicatio for gratuity woth yhe controlling authrity, where solution will be arrived.
Isaac Gabriel
(Expert) 18 August 2020
Whether both employers are Government?.The job done in the new place cannot be hided. As s first step, file application for gratuity with the controlling authrity, where solution will be arrived.
P. Venu
(Expert) 18 August 2020
Apparently, you have not been informed of the non-acceptance of the resignation. A such , this is very much a case of deemed acceptance of resignation. You are entitled to receive pending salary less the notice pay, if any.
As regards to other dues, take separate action. It is better if they are not clubbed together with the resignation issue.
Yes, giving a fresh resignation would only place you in a vicious circle.
Rajendra K Goyal
(Expert) 18 August 2020
You said:
Can he legally inform my current workplace and take action against me?
Reply:
Such informing does not have any effect as the new employer assess on the basis of its own assessment.
Previous organization can not take action beyond your terms of appointment, by recovering amount applicable for notice period.
If having any charge, should return the same under acknowledgement and proofs with witness of third person.
