Notice period before resignation
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September 22, 2012 at 3:39 pm #67907
Anonymous
InactiveAs per My knowledge Primary teacher has to give one month’s notice before tendering resignation.Failure of that ,one month’s salary will be forfeited. Now My query is if one teacher failed to give one month’s notice and only able to give 25days notice then full month’s salary would be deducted or it may be done as pro rata basis i.e only 5 days(30-25) salary would be forfeited???Please guide..if possible then also share some relevant GO.Thank you.
September 22, 2012 at 4:06 pm #74349Inactiveplease see rule 34A of W.B.S.R. Part I. It states –
34A. (1) No Government employee shall, unless the Government otherwise directs, be permitted to resign if he fails to serve on his appointing authority due notice at least for-
(a) in the case of a Government employee holding no lien or suspended lien on a permanent post under the Government, ………….. one month ; or
(b) in the case of a Government employee holding lien or suspended lien on a permanent post under the Government, three months.
Explanation.-In (his rule and in rule 34B “Government employee” means a person appointed to a service or post in connection with the affairs of the State and remunerated otherwise than on a daily, weekly or fortnightly basis.
(2) A Government employee who tenders resignation and quits without giving the notice as provided in sub-rule (1) ‘shall, at the discretion of the appointing authority, be liable to forfeiture of his salary for the period by which the notice falls short of the requirements of Resignation clause (a) or clause (b), as the case may be, of that sub-rule in addition to such disciplinary action as may be taken against him for contravention of these rules 11.
**Note.-Regarding the question of taking back in service a Government employee who resigned and subsequently withdrew such resignation letter the following principles shall be followed:-
(i) A person continues in service if he withdraws his resignation letter before the date from which the resignation is to take effect. The resignation becomes irrevocable and operative after the aforesaid date of resignation. So the question of withdrawal of the resignation letter by the Government employee and taking back such employee in service does not arise. After the resignation has become irrevocable and effective, it cannot be cancelled.
(ii) Resignation does not disqualify a person for fresh appointment and if he is given any appointment after his service in connection with the previous appointment has come to an end on account of resignation, the appointment given subsequently shall always be treated as a fresh appointment without any consideration whatsoever with his previous appointment.
(iii) Such fresh appointment shall not be possible if the age exceeds the limit prescribed in the rules. The Government or Head of the Department, however, reserves to itself the right to relax the age limit in cases of eminently suitable persons.
(iv) In case of such fresh appointment the relevant rules relating to recruitment cannot be relaxed in favour of the persons concerned unless the rules confer such power on the appointing Authority.September 22, 2012 at 4:25 pm #74350Inactive@A Ray: Is it same for the Primary teachers (or teachers of govt.aided school) who are not govt. employee?
September 22, 2012 at 4:44 pm #74351Inactive@A Roy & @B Roy,
I think that the Teachers(Primary / Secondary) of the Govt aided School are not West Bengal State Government Employees and then their service also not governed by West Bengal Service Rules, then how the Rule 34A will imply on them?September 22, 2012 at 5:02 pm #74353Inactiveplease see rule 34A of W.B.S.R. Part I. It states –
34A. (1) No Government employee shall, unless the Government otherwise directs, be permitted to resign if he fails to serve on his appointing authority due notice at least for-
(a) in the case of a Government employee holding no lien or suspended lien on a permanent post under the Government,…………..one month ; or
(b) in the case of a Government employee holding lien or suspended lien on a permanent post under the Government, three months……………..@A. Ray
May I request you to elaborate the Clauses (a) & (b) of Rule(1)!September 22, 2012 at 6:52 pm #74356InactiveI think WBSR not applicable for Primary/secondary/local body’s employee.They are governed by different service rule.but it is also true that they get remuneration or other allowances from govt.as Grants in Aid.
September 23, 2012 at 12:47 am #74359Inactiveমাননীয় শিক্ষক মহাশয় / মহাশয়া গনের উপরে পূর্ণ সম্মান ও মর্যাদা প্রদর্শন করেও একটা কথা না বলে পারছি না’; একটি রাজনৈতিক সিধ্যান্তের ফলে মাননীয় শিক্ষক মহাশয় / মহাশয়া গনের মাহিনা ও অন্যান্ন ভাতা সমূহ রাজ্য সরকার বহন করছেন। ডবলু বি এস আর পার্ট ১ এর ৩৪এ ধারার যে অংশ টি উল্লেখ করে সরকারী কর্মীর সমতুল্যতা টানতে চাইছেন তার প্রতিবাদ করছি। এ প্রসঙ্গে বিস্তারিত আলচনা এর আগেই এই ফোরামে হয়েছে। অনুরোধ করছি “Schools in Bengal” টপিকটি অনুধাবন করবার জন্য।
পুনরায় জানাই কোন ব্যক্তি বিশেষ বা কোন সমষ্টি কে আঘাত করবার জন্য আমার এই লেখা নয় – তা সত্ত্বেও যদি কারও মনে ও সম্মানে আঘাত লাগে – আবার আমি তাদের কাছে ক্ষমা চেয়ে নিচ্ছি, নিজগুণে ক্ষমা করে দেবেন।September 23, 2012 at 7:41 am #74366InactiveDear Mr. Aritra,
I don’t know the original rules/ relevant G.O.s for the teachers.
But, in such a situation in a govt. deptt.,I think, the govt. employee governed by the Rule 34A(1)(a) of WBSR Pt-I has to deposit 5 days (30 – 25) salary (!).
As far as I know, in central govt. services, the notice period is computed excluding the date of service of the notice and date of expiry of notice. For example: if an employee serves one months’ notice on the 1st June, the expiry date will be the 2nd July. The length of notice period excludes the dates 1st June and 2nd July. I want to mean that calculation will be as: Date of notice on 1st June + 30 days notice period counted on and from 2nd June to 1st July + expiry date of notice on 2nd July.
What about the method of computation as specified in WBSR?
@som Bro
Let som take up this case and help us!September 23, 2012 at 8:02 am #74364Inactiveplease see rule 34A of W.B.S.R. Part I. It states –
34A. (1)
(a) in the case of a Government employee holding no lien or suspended lien on a permanent post under the Government,…………..one month ; or
(b) in the case of a Government employee holding lien or suspended lien on a permanent post under the Government, three months……………..Dear Mr. Ray,
I wanted to know the applications of the rules in two different situations – “holding no lien” and “holding lien”! It is not clear to me whether clause(a) relates to temporary employees and, clause (b) is meant for permanent employees? If a permanent employee resigns a permanent post in his deptt., how does the relevance of the term “lien” come here! Lien is granted for ex-cadre appointment of a permanent employee who enjoys right to hold his previous post in old deptt. for a certain period (2 years, extendable to max. 3 yrs) while performing duty in a new deptt. on temporary basis.September 23, 2012 at 9:41 am #74365InactiveA permanent employee desiring to join another govt department, when he is offered such scope for appointment, should tender technical resignation. Under this circumstances he may opt for holding lien to his previous post i.e the post he is resigning from technically. This option is not available to those employees who have not been declared as permanent after successful completion of probation in the old post.
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