Suggestion for my wife govt job in india

[streethawk]

hi everyone ,
i need to know about one legal issue for my spouse job in india . she is works as a central govt employee in a school in india .
we have been granted immigration visa and will be landing in october 2010 to complete the paper work but will come back after that to India . She will resume her duties for next year and will move finally in 2012 to Canada .
i want to know that can we do the landing while she is still a central govt employee in india or she need to resign from her job before landing to canada.
i have searched a lot on website for central govt employee in india to continue the job while on PR Status
Will it be a legal offense ? i don't know about this but need a solution from seniors

 

[explorer101]

It is no offence.

 

[streethawk]

thank you sir
but please give some reference to your answer .
my wife is not resigning at the moment and i am in deep stress. but she will resign after 2 years
all my life i have dream about canada so quite hesitant whether to complete landing formalities while her job is maintained safe ...
i know you all people are experts and i have heard from a friend about so many prominent personalities like qorax , wilson & PMM .
help me brothers ....i am from a middleclass family and don't want any problems .
i can forget about landing and be with my wife in india if its not legal .
brothers i need you desperately
bye

streethawk

 

[qorax]

hi everyone ,
i need to know about one legal issue for my spouse job in india . she is works as a central govt employee in a school in india .
we have been granted immigration visa and will be landing in october 2010 to complete the paper work but will come back after that to India . She will resume her duties for next year and will move finally in 2012 to Canada .
i want to know that can we do the landing while she is still a central govt employee in india or she need to resign from her job before landing to canada.
i have searched a lot on website for central govt employee in india to continue the job while on PR Status
Will it be a legal offense ? i don't know about this but need a solution from seniors

What I knew all the time was that it is mandatory to obtain a 'Foreign Travel Clearance' from the authorities for all Central Govt. Employees, was I misinformed?

For Servicemen there is an MO [Military Order] to that effect & they need to get an MI [Military Intelligence] Clearance, they need to obtain that even for official TDs [Temporary Duties] -albeit for holidays.

Qorax

 

[Doglover]

No offence at all, I seen many people with the same status, firstly before leaving they gave 1-3 years "without pay leave" , finally after their full settlement they came back to India and then given registrations!

 

[accounts]

What I knew all the time was that it is mandatory to obtain a 'Foreign Travel Clearance' from the authorities for all Central Govt. Employees, was I misinformed?

For Servicemen there is an MO [Military Order] to that effect & they need to get an MI [Military Intelligence] Clearance, they need to obtain that even for official TDs [Temporary Duties] -albeit for holidays.

Qorax

I second that...

May u remember. Even applying for PP a CG employee needs ok from the office in he/she is working. what u think reason for the same???

 

[Naavy100]

but somewhere like in our bank if someone is going on immigrant visa then they ask to leave a job

but in state govt ...eg my wife is working under state govt then they give without pay leave even for 5 years

 

[explorer101]

Yes, you will be required to take NOC for foreign visit and taking that would not be diffucult unless your wife is in some key position where her presence is necessary in coming months. Most people in Govt sector can take long leave ( without pay ) upto 5 years and can go to foreign country. Most people send leave applications even after 5 year period also and if they have good link and approach in their department then those applications ( making excuse of bad health etc ) are allowed. However , there is a limit to such kind of applications. After some time the applications are rejected and the employee is told to return back to duty. Employee again failing means that department proceedings under service rules starts and then the employee is removed from service. This removal from service is also a long process. You must have seen lots of notices for the appearance of employees in new papers in inquiry proceedings.

OR
If you have no intention to come back to India then your wife can take premature retirement and take her service benifits also.
OR
In between your wife's long leave if you feel that you people can go well in Canada then also your wife can file application for premature retirement and take service benifits.
OR
In case you do not see much future in Canada the you can come back and your wife ( on long leave ) can again join duty.

Lots of choices to make.

 

[streethawk]

thank you seniors for providing answer .
i am now much relaxed

 

[charninder]

hi everyone ,
i need to know about one legal issue for my spouse job in india . she is works as a central govt employee in a school in india .
we have been granted immigration visa and will be landing in october 2010 to complete the paper work but will come back after that to India . She will resume her duties for next year and will move finally in 2012 to Canada .
i want to know that can we do the landing while she is still a central govt employee in india or she need to resign from her job before landing to canada.
i have searched a lot on website for central govt employee in india to continue the job while on PR Status
Will it be a legal offense ? i don't know about this but need a solution from seniors

Hi streethawk,

Services of Central Govt. employees are governed by the CCS Rules, I have also tried to find this information, but could not find in the rule books. Some forums members are right in saying that a Govt. employee can take long leave (upto 5 years) but it depends on the discretion of the competent authority and varies from department to department.

Bro can you tell me that did your wife inform her school authorities before applying for Canada Immigration? If yes, did they issue any NOC / document at that time for applying Canada PR Visa?

I am eagerly waiting for your reply. And please do not think about forgetting going to Canada after getting PR Visa, alfter all it is for very few lucky ones.

Good Luck.

 

[streethawk]

Hi charninder
Thanks for the information .
Well since I am the principal applicant so there was no need to inform the school the authorities . I simply sent her education documents to score 67 points. But I have provided on background declaration form about her civil servant occupation honestly
So no point of NOC from authorities concerned.
thanks for your suggestion on moving ahead with plans to Canada
Street Hawk

 

[rocky272727]

hi everyone ,
i need to know about one legal issue for my spouse job in india . she is works as a central govt employee in a school in india .
we have been granted immigration visa and will be landing in october 2010 to complete the paper work but will come back after that to India . She will resume her duties for next year and will move finally in 2012 to Canada .
i want to know that can we do the landing while she is still a central govt employee in india or she need to resign from her job before landing to canada.
i have searched a lot on website for central govt employee in india to continue the job while on PR Status
Will it be a legal offense ? i don't know about this but need a solution from seniors

As many suggested it is better to take a NOC....and be relaxed and formalities can be done later when you come back to India.

 

[streethawk]

Hi ,
I have come across this website : persmin.nic.in then click on employees corner ...then click on Acts and Rule ...u will find this information

Scroll it down to the last and u will find this information :

2) Emigration of Central Government Servants to other Countries

References are received from Ministries/Departments seeking clarifications regarding grant of ‘No Objection Certificate’ to Government employees for seeking emigration to foreign countries. The matter has been considered carefully and it has been decided that no Government servant should apply for or seek emigration to any other country so long as he is in Government service. The question of issuing ‘No Objection Certificate’ to a Government servant, who wishes to migrate to a foreign country, therefore, does not arise.

[DOPT OM No. 28034/34/86-Estt. (A) dated 14.07.1988]
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Bad for me . I need to look into this matter seriously .

 

[streethawk]

Hi ,
Go on website : persmin.nic.in

click on employees corner .....then click on acts and rule ................
then click on Central Civil Services (Conduct) Rules, 1964 - Bringing Out A Revised/Updated Edition.

then scroll the it to last ....then see Miscellaneous Matters

click on : Emigration of Central Government Servants to other Countries [DOPT OM No. 28034/34/86-Estt. (A), dated 14.07.1988]
...............................................
bye every one

 

[charninder]

Hi ,
I have come across this website : persmin.nic.in then click on employees corner ...then click on Acts and Rule ...u will find this information

Scroll it down to the last and u will find this information :

2) Emigration of Central Government Servants to other Countries

References are received from Ministries/Departments seeking clarifications regarding grant of ‘No Objection Certificate' to Government employees for seeking emigration to foreign countries. The matter has been considered carefully and it has been decided that no Government servant should apply for or seek emigration to any other country so long as he is in Government service. The question of issuing ‘No Objection Certificate' to a Government servant, who wishes to migrate to a foreign country, therefore, does not arise.

[DOPT OM No. 28034/34/86-Estt. (A) dated 14.07.1988]
/////////////////////////////////////////////////////////////''''''''''''''''''''''''''
Bad for me . I need to look into this matter seriously .

Hi streethawk,

In my opinion your wife should not inform the office about immigration. You have your PP with you with Visa stamped on that. But I think there is no mention about PR Visa. You suggest you wife to get leave (2 months) to visit her relative's marriage in (month when you propose to go to Canada). If you find it suitable there it is OK and your wife can resign when she joins her duty after leave is over. You should not inform anybody about PR.