A person has served three years in BPS-17 (a civilian post) in Ministry of Defence and now he has tendered his resignation. He has remitted 14 days pay and allowances and has also given a period of 14 days. But his immediate boss is not willing to forward his resignation to the higher authorities and has returned back his resignation with the following remarks.
"Since there is shortage of ABC officers in the department, therefore your resignation is not recommended".
The employee has no agreement with the department.
Now, if the employee leave his job he will be treated as "absent from duty" and ultimately dismissed from service. But there will be some other way. if anybody knows any law/rule regarding one sided resignation.

What can be the possible solution for this situation, so that he has a honorable exit from the department.

Regards.

It is better to review the terms and conditions which he accepted when joining the department. The terms of service in MoD are not same as in other departments.

Regards!

__________________
If you tremble with indignation at every injustice then you are a comrade of mine.(Che Guevara)

There is a clause in the appoint letter regarding "termination of services".
" If yourself wish to resign, you will inform the competent authority 14 days prior to your departure date and you will continue your service unless your resignation is accepted by the concerned authorities.
If you remained absent before the acceptance of resignation, you will face a disciplinary action which may lead to disqualification of government service"

Now the "competent authorities" are not willing to recommend resignation. It means this guy will be disqualified from Government service forever.

Then the viable solution seems to convince the authorities concerned for accepting the resignation. It is better to continue services till acceptance of the same.

Regards!

__________________
If you tremble with indignation at every injustice then you are a comrade of mine.(Che Guevara)

One of my friends resigned from his job (Ministry of Defence), but the authorities did not accept it. He waited for three months and then joined another department. He quoted me a lawyer, "3 months k baad aap bagair resignation accept hue job quit kar sakte ho, constitutional cover he".

That is all which I knew relevant to your query.

__________________
"Nay! man is evidence against himself. Though he puts forth his excuses." Holy Qur'an (75:14-15)

But there might some law/rule for these three months period. Can you ask your friend regarding that law?

Thanks for your response.

AoA

I feel, certain technical things must not be overlooked here,

1). There is a clause in the appoint letter regarding "termination of services".
" If yourself wish to resign, you will inform the competent authority 14 days prior to your departure date and you will continue your service unless your resignation is accepted by the concerned authorities. If you remained absent before the acceptance of resignation, you will face a disciplinary action which may lead to disqualification of government service" Please recheck if this is the only clause.

Issues ;

i). How can you say, "competent authorities" are not willing to recommend resignation. ! I do not know chain of command and his job description, but its obvious, his immediate boss is not the competent authority.

ii). There are two words used at above clause, competent authority and concerned authority. For this issue word concerned authority stands for the competent authority! Please check who is competent authority for deciding matter of BPS 17 officers. It may be the head of department or one (may be BPS-20/21) heading the Admn/Estab/HRM Department. But for sure, his boss is not the competent authority.

iii). Also check that your friend addressed the application to whom, if he had addressed the application to his immediate boss then the applicant did make a mistake. This is not application of his leave to address it to his immediate boss. As per matter of practice, the application for resignation is addressed to the competent authority (to be deisgnation in rules of business /standing procedures of that org) and the applicant was supposed to do it. HOwever, he have to follow the chain of command i.e. His application addressed to the competent authority but he will first send it to his immediate boss, who will refer it to his boss/competent authority with or without his comments/remarks.

iv). If the applicant properly addressed the application, then his immediate boss was not authorized to send his application back. HIs immediate boss was supposed to put his own remarks and pass on to his boss/competent authority.

v). Then the application was supposed to go to Admn/Estab/HRM Department of that Organization, who were to put it up -specifying relevant rules- for perusal of the competent authority. Then the competent authority can agree or disagree.

vi). For example, the application was to be made in following manner :

----
The DG /MD /Chairman (Competent Authority)
XYZ Org

Sir,

_____ I wish to tender my resignation w.e.f __ (date) etc ...


Sign (applicant)


Note: he could mark his immediate boss or not - as per normal procedures of his organization. And if his immediate boss do not agree, he simply put his remakrs and onward forward the application.

vii). In case he followed the above procedure (properly addressed his application and other codal formalities) and his immediate boss did wrong (apparently his immediate boss is a serving/ex soldier and he do not know the relevant rules ) or there was something else behind the scene, mean cold war or scuffle between the applicant and his boss. And now boss wants to teach him a lesson then he -with soft tone- convey the message through PA of boss that this was not the standing procedure and application should go onward, and resend his application (he can make a fresh application or simply put his signatures and refer it back to his boss) or he can ask PA of his boss-through his PA or directly- to forward the application to the Admn/office of competent authority. But he should keep a copy of the same and forward the application through valid diary and despatch system (to be on safe side And they are supposed to process it as per rules.

viii). After following above, two things may happen either his application rejected or accepted . Rejected due to the fact that either he is too efficient and competent and they do not want to loose him ( this usually do not happen in our system) or there was some grudge and they want to teach him a lesson. Otherwise, they will accept his resignation.

ix) It is also mentioned above, that he has remitted 14 days pay and allowances and has also given a period of 14 days. Why did he remitted 14 days pay? There is no such thing in above clause so he was not supposed to do it. He has earned this money and he can use it

I hope above can work, if it do not work, then there are other things. Informal and formal, informal request from some common friends or a formal procedure of court. !

My dear sir, the applicant should keep in mind an important thing, Courts do not give justice. Courts stop injustice, so he should not any illegal thing at his own, for example till time his resignation is accepted, he should continue his service as per terms of appointment letter, which explicitly states, "... unless your resignation is accepted by the concerned authorities. If you remained absent before the acceptance of resignation, you will face a disciplinary action which may lead to disqualification of government service." And another very important thing is looking other relevant laws, often there are some rules, which are not specifically mentioned on the offer/appointment letter.

Regards.

__________________
'Thee woh ik shakhs kay tasawar saay - abb woh ranayee khayal kahaan'

Thank you very much for your detailed reply. It will be of great help.
The application was written in the following way.

To : DG ( of the department )
Through :Proper channel
Subject: Resignation from XYZ Post

So it was sent to the immediate boss because of the " through proper channel " factor. As you know that Govt employees submit all such applications/letters through proper channel. The highest authorities cannot be approached directly (unfortunately).
Secondly 14 days pay was remitted to keep himself on the safe side.
Reason behind the rejection of the application is that " there is shortage of officers so your resignation is not not "recommended" ". This reason seems invalid as employees are not responsible for the shortage of manpower.
But Federal Service Tribunal is non-functional now a days, what will be the proper place for this case. Islamabad High Court ?

My dear sir, the officer concerned did follow the proper procedure but his immediate officer did not. He cannot go to Federal Services Tribunal or Islamabad High Court at this point of time, because his matter is not yet resolved at his office level.

His immediate boss is not the competent authority so technically his immediate boss was not supposed to refer it back. He can use informal communication (use his subordinate/p.a. for forwarding his application to the administration wing/HRM of his office). He should keep in mind nature of his relationship with his immediate boss to tackle the matter. Shortage of officers is not the valid reason!

To sum up, at this point of time, he should see how can he forward his application to the relevant quarters /administration. i) he can directly talk to his immediate boss to forward his applicaiont (he is an officer of the government and he should not hesitate for his rights) ii) he can use some common friends to convey to his immediate boss to forward his application. iii) he can use p.a. of his boss to forward his application to the relevant quarters/competent authority for process.

Another technical thing, in civil service/government service mouth words are not of any value. So if somebody tells him that his application was forwarded to competent authority and was rejected. He should ask for written communication. And after receipt of any written communication he can go to court of law.
Hope you got my point of view.
Regards

__________________
'Thee woh ik shakhs kay tasawar saay - abb woh ranayee khayal kahaan'

And agr resignation Letter dyny k bad 45 days us institute main work kiya jae...and phr bhi after 6-7 month k bad resign accept na ho to??