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loyolagbabu (Assistant)     24 December 2013

Forced resignation of female government employee

Dear Sir,

I posting this question on behalf of my spouse. My spouse before marriage was working along with me in a public sector enterprise. When her parents came to know about our love affair, they forcefully taken her to her home town. Of course they are educated, but they hesitated to do inter community marriage showing society as reason. She left the job by Feb 2012 without intimation and after a month a medical certificate was sent that she has fracture in her leg and she is undergoing training. The employer after 5 months sent a letter asking her to join back, but in resignation letter singed by her but written by someone else was provided to the organisation through a third person. The department never cared to contact again nor tried any alternative. She didnt give exit interview nor served the notice period. But the organisation relieved her accepting the resignation without any direct contact/ message except the signature.

But we got married without support from her parents by the end of the same year and we both gave a request stating all reasons. But the organisation denied to accept our request stating that the 90 day grace period is over and now it is out of their hands.

But the real fact is, the department doesn't wish to help as I was one of the key member in forming employees union in our organisation. Now I am almost going to move to officer category in another department and my spouse too is preparing for several competitive examinations. But still the forceful resignation is running in mind. I do not want to trouble their parents who are also now happy with our decision, but want to know whether it is right from the employer part.



Learning

 7 Replies

Kumar Doab (FIN)     26 December 2013

The establishment has accepted the resignation signed by employee. It does not seem to be at fault.

 

It is not understood how come it is a forceful resignation?

 

It is also believed no one from employer’s side forced the employee to sign on the resignation.

 

If it was forced resignation the employee had the option of withdrawing a resignation before the expiry of notice period.

 

 

loyolagbabu (Assistant)     27 December 2013

Yes of course it is not forced by the management. But what I mean to say is even after the candidate explained her stance that she was not able to contact at any time, it was not considered by the management. I read the resignation procedure in swamy book, in that it is mentioned that at valid condition more than 90 days validity can be breached and appointment can be given. Similar resignations even after 1 year were also considered by the department previously. But here no step was taken to consider the plea. I mean to ask, is no provision is there for a women if she is forcefully made to resign by the parents?

Kumar Doab (FIN)     27 December 2013

Employer at its discretion can appoint without any break in service again.

Kindly provide the specif reference and citations which suggest resignation can be withdrawn even after it has been accepted.

 

It shall help many.

Sudhir Kumar, Advocate (Advocate)     31 December 2013

Seen your blog. Seen you reply to the questions of Mr Kumar Doab.

 

 

The action of employer (Govt organisation) is 100% correct.

 

If your wife is allowed to join then they cannot face the questions they are likely to   receive  from many sources. (i) union (ii) audit (ii) parliament (iii) their own Ministry (iv) CBI  (v) CVC etc. (vi) CAG

 

You r influence in officer association will not be able to help  them out of trouble.

loyolagbabu (Assistant)     31 December 2013

Sir, Thank you for the reply. I didn't say that I had influence in the union. But according to the management I play a key role in the union even though we ask for basic facilities. Keeping that apart, my organisation doesn't come under the audit of CAG and the point what I wish to rise is that the candidate did not appear in person in any manner to the management either to submit the resignation or to attend the exit interview.

 I have few instances within the organisation where a candidate is allowed to rejoin even after a year showing valid reasons. CMD using his discrete powers allowed him to rejoin.

I do not understand the provision mentioned in swamy book, let me scan and upload as a reply.

Before that my final question/ doubt : " What if a girl ( a government servant) is forcefully house arrested and pressurised to sign in a paper". She doesn't have any option to later to explain her stance. 

Sudhir Kumar, Advocate (Advocate)     31 December 2013

Before that my final question/ doubt : " What if a girl ( a government servant) is forcefully house arrested and pressurised to sign in a paper". She doesn't have any option to later to explain her stance.

 

  • What is the proof she was house arrest?
  • what is the proof she was taken to home station without her consent?
  • what is the proof that she was forced to resign

It is an offence to prevent a public servant from discharging his/hr duties.

 

  • whether any police complaint is lodged by her against he rparents?
  • whether appointing  authority informed of withdrawal intention before acceptance and execution.

Sudhir Kumar, Advocate (Advocate)     31 December 2013

 

Now coming to discretionary powers of CMD.

 

It is doubtful if CMD has been given power to relax rules generally it is with the Board.

 

If this discretion  is exercised liberally the way you want then every female resigning employee will come back after a few years and seek to withdrawal pleading resignation under threat of parents of husband.

 

The discretion is not enforceable in court.  You can only beg for the same that too if the circumstances of the earlier precedent cases fit into the case of your.


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