Hi , Before marriage, my wife was servicing as an MO under West Bengal Health Services. But due to marriage, she needs to relocate to Karnataka. She submitted a resignation letter to her BMOH and served a notice period of 30 days. Then she moved to Karnataka. Almost , after 3 months of submission of resignation letter she received a letter from BMOH about submission for resignation proforma. As she was out of station , she could not respond. Within 7-10days of receiving this letter, another letter was received from West Bengal Health Services about rejection of her resignation stating that before completion of 5 years service resignation can not be accepted. So technically, if she did not complete 5 years service her resignation won't be accepted as per WBHS rule. Now, my question, can any such rule be in place which can restrict someone from resignation when there is a valid reason? As this rule is in conflict with basic human rights to live with family. In future, if she wants to apply for any other govt./PSU jobs how can she submit any NOC? Is there any alternate way for such cases to get NOC or submit any alternate document?
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This is a government regulation and rule, hence without seeing the conditions of the employment offer letter and the undertaking that she had signed at the time of joining the employment, no further opinion can be rendered.
You can revert with the conditions of the offer letter for employment so that after scrutinizing them, a proper opinion can be given.
File writ petition in HC in Kolkata against decision of WB HS refusal to accept her resignation
Such condition of 5 year is not a violation of any human right. Wife has to complete 5 years. Wife should have to wait decision of WBHS on her resignation. Wife has acted suo moto on her own. WBHS had every right to reject her resignation. Without being relieved from her previous employment wife cannot take any other job. Wife can try her luck through WRIT Petition but since there is a rule so chance of success is bleak.
Dear Client,
Before providing any further opinion, it is imperative to review the conditions stated in the employment offer letter and the undertaking signed by the individual upon joining the company. As this falls under government regulation and rule, a comprehensive analysis of these documents is necessary to offer an accurate response.
Please furnish the details of the offer letter and the undertaking, and upon thorough examination, I will be able to provide an informed and appropriate assessment.
- As per the Employment Act, employees have the right to resign at any time, by serving notice or by compensating the employer with salary in lieu. It is an offence for employers to disallow employees to leave their job.
- Further, as per the Supreme Court , Resignation is a right of an employee who cannot be forced to serve in case he is not willing until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the service.
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Hence, your wife can send a notice to the said department after narrating the valid reason of resignation and request to issue to a Relieving letter to her .
If she has signed for such rule willingly then it may bind her otherwise not.
Hello!
Whether she has signed any contract or agreement, that needs to be find out, fore-mostly.
Regards,
Advocate.N.Sharma
