sekar (retd) 27 September 2011

Bond in psu

Dear Sir,

I request your intervention in this matter, which has become one of life and death for us …working class people.

I shall give details on hearing from you.

My son was employed in a PSU (Govt of India) since 2004 and resigned in 2011.He acquired higher skills for which he was on leave (without pay) for about 20 months. The PSU spent no money towards his training.

He had to sign a (one-sided)bond for the sanction of leave for 10 years. An amount was fixed asRs10 lakhs later @rs 1 lakh per year short. He is short by 8.5 yrs so they are demanding Rs9 lakhs.The PSU is in doldrums.

His skills are of a far higher level than the desk requirements now. The PSU has not offered him a job commensurate with his higher level of skills.

Now he has a problem as the Govt agency is not issuing an identity card as the old card has not been surrendered. His efforts to surrender the cards ended in failure…as they refused to accept it.

His resignation letter and follow-up did not lead to a timely discharge from the PSU. he quit after the one month period and joined the new company.

His future is in peril and the entire family is tense.A rare opportunity is about to be lost as the PSU (oral)demand for Rs 9 lakhs has not been met. There is no rationale for this high demand. In 10 years at the lower level job, the higher skills would become useless…natural justice.

The PSU is processing the papers for nearly 7 weeks. How to surrender the identity cards? He has no loans to the PSU.

Even Govt units strangle an ordinary employee.Is it right?

Kindly advise us how to go abt the matter.

Thank you,

Geeta
Mumbai

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4 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 28 September 2011

Dear Geeta,

Your son has constitutional right under Article 19 &21 to pursue his career and get education. he can resign any time. but the company can get civil suit file for recovery not more than that for the bond period. the execution of bond is illegal. if your son has already resigned then he can send one reminder mentioning to handover ID Card other things left with your son. after one week file RTI for the status on resignation.

Regards

Rajiv Bhasin

Advocate

Bhasin & Associates

9811210505, 9868635640

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 28 October 2011

Dear Parents (of a bright son),

At the outset, please reconsider the whole matter. What is the PSU? Why are you asking your bright son to quit a government job? Well, the PSU seems to be sick. Can't your son be that pillar who will enable a change in business/orientation of that company and become its Chairman/MD? He will get much more satisfaction of having served than what he can get out of several thousands/lakhs of crores of (paper) rupees. Well, India is still a kind society and all of us are allowed to take our own decisions. But, if you as a family stand with India under these circumstances, I am sure God will enable all of you such respect, happiness that you would not have even dreamt off.

Factually, industrialisation itself needs a revamp. There is an urgent need to re-orient India from whatever i.e. WHATEVER it is currently doing. If your son is an engineer with managerial skills and adroit in handling professional aspects that requires skills in multiple specialities, then he is amongst the rare few who can do that wonder. If you and your son can conceive things, aspects that can evolve new ways of livelihood that imbibes nature in, for all of its aspects in/for society and can have nature at its hub for all aspects right from planning to working aspects, then the plans will be as reliable as mother nature, God. You would be moving Gods yourselves. No force, it is for you to consider.

Coming to the legal questions that you have raised, if the bond specifies a period, an amount, exit terms etc; then there is no way that you can expect leniency in any of it. Well, if your son has been on study leave for as long as 10 years, then that period is not counted as service. That is all. Don't haggle around ID card, money etc; all of them will work as per law, terms and there will not be any injustice or liberal approach.

As yet another son of this great country, I want to humbly record something personal, something from the deep heart. I alone know the amount, the way that I struggled to get that government job right from 21 plus right upto 35, all with good qualifications, merit etc. But, CASTE, gender, lies, (dubious) lecturers/college/u'ty etc spoilt my chances. pErmanecy, multiple identities that others maintained, false caste certificates etc etc turned to be more pain. Now, I have a totally different, much more refined, much more higher, rather highEST vision in itself and am gearing up for all that. But, had I only got that opportunity at my right age, my life would have been different, my approach would have been different and I would not have endured so much of trouble.

Do think over, be kind to India. Yet, decision is yours.

Thank You,

P. Suresh

Sudhir Kumar, Advocate (Advocate) 18 November 2011

You query is vague. Your son will be knowing the fact. What is 10 year leave none can understand. What is Indeintiy card crissis it is not clear. Perhaps there are some more facts.

sekar (retd) 19 November 2011

dear Sudhir Kr, Director. thanks for your post.

MY son has to surrender the ID cards to the orgn.But it is not acceptin g the ID cards (3) as they state that the resignation has not been accepted and the relieving letter not issued. Unless the PSU intimates the other agency, the cards would not be issued.And this PSU will issue the relieving letter only if 9 L is paid.

I do not agree that 9 L shd be paid as it is an arbitrary and inhuman demand.The PS U did not spend one rupee on the training.Serving 10 years in a lower capacity would render the acquired skills redundant.All the money and efforts were his.He was sanctioned 20 months leave without pay.

It is more than 3 months and the letter has not arrived even though, he followed up.

Actually the PSU shd not have taken the bond in the first place as it is illegal.IN the case of Doctors in Maharashtra the HC ruled that Doctors with special skills shd not be put to routine jobs even though the Govt had made the Doctors sign bonds to render rural service.And the doctors were given lectures at subsidised fees.

your views pl.

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