Technical resignation and pensionary benefits
samaresh bardhan
(Querist) 30 July 2014
This query is : Resolved
i have joined in IIT Ropar, a central govt. organisation on 27.11.2012. Before joining here, I served as Associate Professor in a govt-aided college in west bengal during 3.4.2001- to 26.11.2012. for more than 11 years. Before joining IIT Ropar, I applied through proper channel taking appropriate permission from the college. Now, my job is confirmed her in IIT Ropar.
I would also like to mention that I have been granted lien leave without pay for a period of of 2 years wef 27.11.2012 to 26.11.2014. I was relieved from my college in west bengal on 26/11/2012 (afternoon) and I joined Indian Institute of Technology Ropar on 27/11/2012 (forenoon). My lien is still alive upto 26.11.2014.
Therefore, I should submit my technical resignation from the post of Associate Professor in Economics at Panchmura Mahavidyalaya, West Bengal. It is important to mention here that at IIT Ropar (New Assignment), I am covered under the New Pension Scheme of Government of India.However, the previous job is covered under old state govt. pension scheme. (i) Would you pls guide on Should I get pensionary and other benefits from my previous job?(ii)how to submit my resignation ? (iii) what is is the minimum reporting period for submission of resignation (iv) When to apply for pension and other benefits like GPF, Pension, Gratuity, Leave Encashment etc. (v) is the pension rule for central govt and west bengal govt. are different in case of technical resignation? (vi)Can you provide me the state govt.GO (west bengal) for technical resignation for getting pension. Kindly help me.
samaresh bardhan
Guest
(Expert) 30 July 2014
Have you already joined without submitting your resignation and having been accepted in your previous establishment in WB? If so, the question arises, how they relieved you and how the present organisation joined you without relinquishing charge of your previous organisation?
samaresh bardhan
(Querist) 30 July 2014
I have been granted lien leave without pay for a period of of 2 years wef 27.11.2012 to 26.11.2014. I was relieved from my college in west bengal on 26/11/2012 (afternoon) and I joined Indian Institute of Technology Ropar on 27/11/2012 (forenoon). My lien is still alive upto 26.11.2014.
samaresh bardhan
(Querist) 30 July 2014
I have not yet submitted my technical resignation. Few days back, I have received the confirmation letter from the IIT Ropar and Now I have prepared the letter for technical resignation to submit in my college in west bengal.
Sudhir Kumar, Advocate
(Expert) 30 July 2014
The modus operendie adopted by you, present employer and past employer is unique and unheard of.
You were required to submit technical resignation to past employer then to be relieved on lien. Then you were to join new job and past employer to transfer you leave salary pension contribution to new employer and no NPS account was to be allotted to you as you were to be governed by old pension scheme. Only GPF account was to be opened wherein old employer was to forward the deposits made by you during old service.
By now you would have received interest on old GPF only upto six months of quitting service or end of financial years whichever is earlier.
samaresh bardhan
(Querist) 30 July 2014
Yes, I shall my tender technical resignation first, they will accept it and only then I will be relieved from my lien leave. After that I think, I should proceed further(?).
The IIT Ropar where I have joined a new in 2012 is a new IIT established by the Govt. of India in 2008 and I have been informed that all faculty members are under the New Pension System introduced by GOI in 2004. And also in my case, they have informed that there will be no transfer of service period and benefits from my previous job even if I joined there before 2004. That is why they insist me to tender technical resignation there and claim service benefits there as I have fulfilled the qualifying service period of more than 10 years.
Kindly guide me and suggest accordingly.
samaresh bardhan
(Querist) 31 July 2014
Would you pls make clear of my queries and advise accordingly regarding my service benefits etc. that we discussed yesterday.
Sudhir Kumar, Advocate
(Expert) 31 July 2014
Govt has built a bridge to cross a river. One person drives below it and his vehcile is struck in mud. How can expert driver help him? He needs a crane.
You have diligently complicated your case.
You have chosen a unique path of joining new job without technical resignation. Surprisingly new deptt received you and allowed to join.
Their plea is wrong and contradictory to CCS(Pension) rules [unless there are some facts not revealed]. But because of your wrong action they have upper hand.
Apparently such reply of IIT Ropar is oral in response to oral argument and probably you wrote nothing to deptt.
Now please meet any lawyer (with all papers)in CAT Chandigarh and pay what he wants and the get his advise.
