Leaving central govt job for state govt job
Dr Arun
(Querist) 27 October 2014
This query is : Resolved
hello sir/mam
Iam a central govt employee working as medical officer under central govt health services..joined in july this year..earlier i got job offer in 2013 after clearing upsc exam in 2011 but as m doing post graduation so on my request i got extension of 6 months in joining then the offer lapsed and again on request the offer got revived but for that they taken an affidavit from me that i will serve central govt for 3 years..before the revival request i cleared exam of rajasthan public service commission for the post of tutor in medical college in my subject of post graduation but due to delay in sending medical fitness to them the govt of rajasthan refused to provide me appointment,then writ petition filed by me and meanwhile i got joining from central govt and i joined....now that writ petition got allowed and the judgement came in my favour....and if i want to join that state govt job of tutor then is there any way to leave the cental govt job..
Anirudh
(Expert) 27 October 2014
Unless the Central Govt. relieves you, you cannot join the State Govt. job.
Therefore, you have to persuade your Central Govt. authorities to relieve you.
You cannot achieve this by approaching any legal fora, for by your own affidavit, you have bound yourself to serve the central govt. for 3 years.
ajay sethi
(Expert) 27 October 2014
You have agreed to serve central govt for 3 years . you cannot join as tutor in medical college in rajasthan without central govt consent
Dr Arun
(Querist) 27 October 2014
sir is there any way to persuade authorities...my wife is working with state govt at my home town and i can get posting at my hometown if i b able to join state govt job...other thing is father is having liver cirrhosis and m the only 1 to take care off..can it be the ground or something else..suggest kindly
Anirudh
(Expert) 27 October 2014
When I said persuade the authorities, there cannot be any straight jacket prescriptions as to how to persuade. All will start with a humble request, taking the help of some connections, recommendations etc. etc. You have to do it on your own by assessing the ground realities in your area work and organization. As outsiders, it will not be possible to hand-hold you on this.
Dr Arun
(Querist) 27 October 2014
Thank u sr
Sudhir Kumar, Advocate
(Expert) 27 October 2014
I am not able to agree.
The affidavit obtained from you has no place in the service conditions of Central Govt. Right to resignation can be restricted only for Armed Forces Personnel for entire career.
Please put RTI to know as the the level of the officer who insisted on such affidavit. The terms and conditions of service can be created or altered by President only after notification under Proviso to Article 309 of the constitution.
Meet your lawyer on the feasibility of resignation.
Irrespective of resignation you have right to give a notice of termination of services under probation rules.
Guest
(Expert) 27 October 2014
Please clarify the following points:
1) Whether you were made to sign an affidavit or a service bond?
2) Whether you were imparted any induction training or not for the concerned department of allocation after your selection by the UPSC?
Rajendra K Goyal
(Expert) 27 October 2014
You have submitted an affidavit that you would not leave the job in 3 years. You have to abide by the condition irrespective of the fact the affidavit was taken as per guidelines or otherwise. However, so many ifs and buts exist.
Consult a lawyer and show him all the documents.
Sudhir Kumar, Advocate
(Expert) 27 October 2014
Not able to agree.
Conditions of service can be created by The Preside in exercise with powers conferred vide proviso to Art 309 of the Constitution of India.
If the affidavit has been obtained as per decision of some Section officer/Under /Secretary / Dy Secretary/ Director / JS /AS or Secretary still it doe snot form part of conditions service.
Such affidavit is binding upon the Armed Forces personnel because it is obtained in exercise of powers conferred by Army/ Air Force/ Navy act and rules made thereunder and is part of service conditions. For Forces it is laid down condition of service etht they cannot resign on will.
Facts given on this thread indicate that the affidavit, constitute an agreement made to counter the provision of law, is illegal and cannot be enforced.
