Hello sir/ madam I am a state university employee, I submitted the bond of 13 lakhs to the University while a joined the service. Before I received this employment I wrote the Central government job exam. between the mains exam and interview, I selected this state government employment and I joined service by executing the 13lakh bond demanded by the university. But the university appointment letter they mentioned 6 months salary to be paid if we leave the job before the completion of 2 years of Service. After 1 year of service in-state university, Now I got the Central government job and am willing to join the same. In this contest, I applied for Bond transfer/ exemption of the same to the state university, it denied it by forcing me to pay the 13lakh bond amount. The reply letter from the university states that I will be relieved after the payment of the bond amount. In the same letter, they have not mentioned anything about the bond transfer. Please suggest me what I can do for the same. And one more thing I got the NOC from the University to attend the interview of the Central governament. Please suggest me what I can do.
there is a DPE Guideline which lays down that in case if an employee is shifting from a PSU to PSU or government the service bond should be transferred to the new employer.
2) in your case you are shifting from state university to central govt service bond should be transferred
3) if state university is refusing bond transfer file writ petition in HC to direct university to transfer bond
As per the bond condition you are liable to pay 6 month salary for the Bond amount todayto the University for joining your new job departmental bonds are not transferable between departments
In follow up to my last query, am working in State Agriculture University, which is stated that, The SAUs were given autonomous status and direct funding from the state governments. These universities became the branches of research under the ICAR and became the partners of the National Agricultural Research System (NARS). I want to join the Agriculture Research Service, under the same ICAR. still, the SAU is not accepting my plea to transfer bonds. please let me whether I can seek bond transfer or exemption of bond amount and file writ petition in HC
You can seek transfer of bond
file writ petition in HC as advised herein above
Sir, in continuation of my last query, I have joined the Agriculture Research Service (ARS) on 7th January because that was the last date to join. Till 7th January I did not get any response from the SAU university so I joined the ARS. Now the SAU university is saying that you have joined ARS without relieving from the State University, so we will write the Director of ARS and you will lose the job and other sorts of things they are saying to me (but not in written form). So Kindly clarify to me that if they send that, will i lose my job or any other problems will happen. Between all this condition can I file a writ in HC, will it go against me?
You should have served the notice period then joined ARS
2) obtained relieving letter
3) disciplinary action can be taken against you by ARS but you may not lose your job
You can abide to the bond condition and also can get relieved by paying 6 months salary or 13 lakhs. After that they can't force you to work with then and need to issue you a noc. If still not given you can file proceedings in sat Or file writ petition
This make no difference when central exam was given and when you joined state and under what circumstances.
Only thing here is you agreed to bond which is contradictory to appointment letter term. So, language of bond and AL is important to deduce which one is enforceable.
Can appraoch HC for relief for bond transfer as both universities comes under ICAR
regarding Bond transfer, you may kindly refer to DPE guideline on enforcement / transfer of bond issued vide its OM no. 15(2) / 2003-DPE(GM) / GL-57 dated [deleted]
You may also refer to the following :
Enforcement / transfer of bond in respect of employees of Public Enterprises who
leave the services of one Undertaking to join another Undertaking/ Government.:
The bond executed by employees of the Public Enterprises, who have received
scientific/technical training at the cost of Public Enterprises and have applied through proper channel during the currency of the bond join Central Govt./State Govt. services or take up employment under quasi-government organizations or any other public enterprise either on the basis of competition examinations/tests/interviews organized by those organizations or the Union Public Service Commission should not be enforced subject to the condition that a fresh bond is taken to ensure that the employee serves the new employer for the balance of the original bond period.
To ensure that the requirement of obtaining a fresh bond from a person, where necessary, is fulfilled, the enterprise with whom the employee has executed the original bond may at the time of forwarding his application write to the organization etc. under whom the employee intends to take up another appointment intimating them about the bond obligation of the individual and clarifying that in the case of his selection for the new post, his release will be subject to the condition that the new organization take from him a fresh bond binding him to serve them for the balance of the original bond period; in case he fails to serve the new department/organization etc. or leaves it before completion of the original bond period for a job where exemption from bond obligation is not available, the proportionate bond money should be realised from the individual and refunded to the first organization with whom he originally executed the bond.
You may initiate suitable legal action based on the above circular and the instructions therein.
The circular mentioned below would contain the instructions for further legal action in this regard.
(DPE O.M. No. 15(2)/2003-DPE(GM)/GL-57 dated 29th July, 2004)
You should not have left the previous employment without a relieving letter.
Even now you can demand the relieving letter since they have already given NOC for joining new employment.
They cannot instruct the new employer to terminate your services for this reason in writing.
1. You should file writ petition before High court for bond transfer.
2. The bond should get transfered if you employed to some other govt PSU.
