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Resignation or leave?

(Querist) 02 December 2015 This query is : Resolved 
hi, i'm an assistant professor in a college under a central university. due to some personal reasons, i'm contemplating resigning from job. but i have a lot of doubts and queries. if anyone could remove those doubts, i'd be really grateful.

1. what is the notice period for me? is it 1 or 3 months? will it include vacation period since colleges do get vacation?
2. in case i defer my resignation and instead take some leave, would i have to rejoin duty and serve for a period equal to the leave period i took, or can i just resign after the end of the leave period?

i've explored some possibilities, but it seems to me that i have either to rejoin duty or pay compensation if i don't decide to. for eg. if i take extraordinary leave (let's say 12 months), would i have to then work for another 12 months before i can resign or i need not?

3. can i take another job or engage in study during the leave?

P.S. i want to leave the job asap but if i can get some leave without having to rejoin and then resign immediately after the end of the leave period, i'd consider that.

thanks in advance.
Sudhir Kumar, Advocate (Expert) 03 December 2015
1. what is the notice period for me? is it 1 or 3 months? will it include vacation period since colleges do get vacation?


DEPENDS UPON TERMS OF APPOINTMENT.

PRIMA-FACIE VACATION /LEAVE IS PART OF SERVICE (if granted) AND CAN BE PART OF NOTICE.

2. in case i defer my resignation and instead take some leave, would i have to rejoin duty and serve for a period equal to the leave period i took, or can i just resign after the end of the leave period?

PRIMA-FACIE VACATION /LEAVE IS PART OF SERVICE (if granted) AND CAN BE PART OF NOTICE.

i've explored some possibilities, but it seems to me that i have either to rejoin duty or pay compensation if i don't decide to. for eg. if i take extraordinary leave (let's say 12 months), would i have to then work for another 12 months before i can resign or i need not?

PRIMA-FACIE VACATION /LEAVE IS PART OF SERVICE (if granted) AND CAN BE PART OF NOTICE.

3. can i take another job or engage in study during the leave?

job cannot be taken. study can be continued if permission is granted.
Kumar Doab (Expert) 03 December 2015
You may relate the T&C inserted in appointment letter issued to you, any policy/rules mentioned in appointment letter e.g. Service Rules and Regulations/HR policy/Conduct and Discipline Rules..............and go thru the guidelines/service rules laid by the University for your designation...............




Leave can be availed during notice period.
Do not forget to submit leave application under proper acknowledgment and proper approval.



It shall be better if you can show all docs on record to an able counsel specializing in labor-service matters.


Rajendra K Goyal (Expert) 03 December 2015
Well advised, agree with the experts.
K.S.Srinivas (Expert) 08 December 2015
Regarding notice period, it depends on the service rules of the university or terms and conditions of the appointment.

Leave is also part of the service. You have to rejoin from leave and then submit resignation.

You can not join another job while in service of the university. For the purpose of study, request for sanction of study leave.


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