Remember | Register | Forgot Password?
Bookmark This Page   RSS Feeds  Follow On Twitter

 

Search for Lawyers          
    

Home > Experts > Labour & Service Law > Technical resignation in central govt job



Please Wait ..

Technical resignation in central govt job (Labour & Service Law)

Report Abuse
This query is : Resolved


Author : viresh mishra

Posted On 05 March 2013 at 01:09

Sir, I am a central govt employee working as LDC and have been selected for Excise inspector. I want to give technical resignation from LDC post because my office had issued me No Objection Certificate for appearing in interview for selected post after 3 month from joining the LDC post. I had applied for the post of inspector before joining LDC. Should I entitle for technical resignation?




Expert : Kumar AS

Posted On 05 March 2013 at 07:26

Please provide terms and conditions of your appointment.



Expert : Devajyoti Barman

Posted On 05 March 2013 at 08:01

Do follow your departmental service rules.



Expert : R.K Nanda

Posted On 05 March 2013 at 10:49

take help of local lawyer.



Author : viresh mishra

Posted On 05 March 2013 at 12:16

A Government servant who had applied for a post elsewhere before joining Government service, should intimate the details of such application as soon as he joins Government service to qualify for the technical resignation. Technical Resignation means past service will be counted.(according to Swamy's Handbook chapter 23)



Expert : Kumar AS

Posted On 05 March 2013 at 12:17

Technical resignation is when somebody resigns for joining another service in Govt sector.


In cases where Government servants apply for posts in the same or other Departments through proper channel and on selection, they are asked to resign the previous posts for administrative reasons, the benefit of past service may, if otherwise admissible under rules, be given for purposes of fixation of pay in the new post treating the resignation as a ‘technical formality’.

In your case you had applied for the post before joining as LDC but your office had issued you No Objection Certificate for appearing in interview for selected post after 3 months from joining the LDC post. As such, it is felt that you are entitled to the benefit of technical resignation?



Author : viresh mishra

Posted On 05 March 2013 at 12:35

but my present office is not giving me technical resignation. what I do to get technical resignation.Because I am in government service Since June 2011.



Expert : Kumar AS

Posted On 05 March 2013 at 13:42

Please provide terms and conditions of your appointment.



Expert : Isaac Gabriel

Posted On 05 March 2013 at 20:32

Both the posts are under central
government.As the department has forwarded your application, you may intimate the selection and seek relief from the present post so as to join in the new post. Since the new pay scale is the higher one than the present, the protection of pay does not arise.You can have the service continuity as well.



Expert : raj kumar makkad

Posted On 05 March 2013 at 20:42

In the given facts, your resignation shall be treated as technical resignation and accordingly you shall be duly entitled to counting of previous service and all other benefits connected thereto.



Expert : Sudhir Kumar

Posted On 05 March 2013 at 20:47

follow advise of Mr Gariel



Author : viresh mishra

Posted On 06 March 2013 at 12:14

Sir, The Terms & conditions of my appointment is normal, No any eccentric facts. But my office is not giving 'Technical Resignation' to me without giving any reason. What i do sir because i will loss my 2 years service continuity.
Please advise me.



Expert : PS Dhingra, dcgroup1962@gmail.

Posted On 06 March 2013 at 15:24

Thanks for teaching the experts on provisions of technical resignation.

But, about your statement "the terms & conditions of my appointment is normal, no eccentric facts," there is nothing eccentric in technical resignation also, as you know the rules.

However, can you suggest how the experts would assume whether the terms of your service are normal and to what you think to be "normal" about your terms and conditions of service, if you want to submit your technical resignation with merely 2 years of your service seemingly as a temporary employee?

Further, it is that the office of the employee gives technical resignation, but it is the employee who has to give technical resignation, which his office accepts, if otherwise admissible under the rules.

and whether you were temporary or permanent, having lien or not against any post, whether you are eligible for pension under old pension rules or contributory pension rules, known as "New Pension Rules", or you were eligible or not for technical resignation based on your short service of 2 years only.

By the way, what sort of benefits you are likely to derive if your past service is counted for the purpose of fixation of pay or pension on retirement?

Do you think that your pay in the Inspector's scale would be fixed more than the minimum of the scale, if based on the pay of your LDC scale, or you are likely to get any extra pension, when you would be the member of the New Pension Rules, where the pension is based on your own contribution, that being the contributory pension only?



Author : viresh mishra

Posted On 06 March 2013 at 16:33

A very thankful to all experts in this matter, by the way the benefits of technical resignation is following:-

1. Leave at credit will be carried forwarded to next service
2. After three years of continue service i will be able to appear in Staff Selection Commission Examination, because i have completed my 27 year of age.
3. Joining time will be allowed as per CCS Rules



Expert : PS Dhingra, dcgroup1962@gmail.

Posted On 06 March 2013 at 18:37

Right, but still you have not made clear:

1) about your service conditions?
2) when did you submit your technical resignation?
3) what is the response from your recruiting authority?

NOC to appear in the exam is not a guarantee for approval of your technical resignation. That is just a formality in fulfilment of the provisions of conduct rules prescribed for the employees, as you cannot appear in any examination without due permission of your recruting authority.



Expert : Isaac Gabriel

Posted On 06 March 2013 at 19:36

Still I want to emphasis that both services are under central Government.You submit a copy of your new appointment and request to releve you from theis service.As my knowledge goes,the department can relieve you and send your service records to the new office so as to continue your services without break.You are entitled for the joining time as per rules.



Expert : raj kumar makkad

Posted On 06 March 2013 at 20:31

It is better to first reply the relevant queries raised by ld. Dhingra g and then get the final reply of your subsequently raised issues,



Expert : Sudhir Kumar

Posted On 06 March 2013 at 21:19

The questions of Mr Dhingra are only plaint facts. You should be able to reply



Expert : Kumar AS

Posted On 07 March 2013 at 00:00


You have stated that according to Swamy's Handbook chapter 23, a Government Servant who had applied for a post elsewhere before joining Government service, should intimate the details of such application as soon as he joins Government service to qualify for the technical resignation

The Deptt. Of Personnel & Training OM No. 28034/25/87-Ests. (A) dated 11th February, 1988 provides that in cases where Government servants apply for posts in the same or other Departments through proper channel and on selection, they are asked to resign the previous posts for administrative reasons, the benefit of past service may, if otherwise admissible under rules, be given for purposes of fixation of pay in the new post treating the resignation as a ‘technical formality’.

As you had applied for the post before joining as LDC but your office had issued you No Objection Certificate for appearing in interview for selected post after 3 months from joining the LDC post, it should be treated as intimating the details of your application as soon as you joined Government service. You should, therefore, qualify for the technical resignation.


As your present office is not prepared to allow you benefit of technical resignation, you may request them to provide you reasons for the same formally. In case they have already provided the same, you may share with experts for futher advice.



]



Author : viresh mishra

Posted On 07 March 2013 at 13:22

Thanks again to all experts for the advice regarding this matter.Well! I put my all letter or correspondence in chronological order:-
1. Dated.20/06/2011- I was appointed at L.D.C. in Ministry of Health.
2. Dated.20/10/2011- I intimated the office about my application form for selected post that I had filled the application form before getting appointment in this office and applied for "NOC" in same letter.
3. Dated.24/10/2011- My office Issues me "NOC".
4. Dated. 13/02/13- I intimated the office about my Physical Standard/Endurance test for selected post.
5. Dated.28/02/2013- I got "Offer of Appointment" form Central Excise.
6. Dated. 28/02/2013- I applied for "Technical Resignation" which is under consideration up till now.
Now my office says" You should have intimated the office about your "application form" for selected post a bit earlier."
Please suggest.



Expert : PS Dhingra, dcgroup1962@gmail.

Posted On 07 March 2013 at 18:33

I hope, in the said Swamy's Handbook, you would have also read the sentence "a Government servant who had applied for a post before joining Government service, should intimate the details of such application AS SOON AS HE JOINS Government service TO QUALIFY for the above benefits".

So, the provisions are quite clear. You sent intimation 4 months later after you joined the service, that too only after you were selected for the post and to get NOC to join that post. So, clearly compliance of rule remained uncomplied on your part. Benefit would have admissible to you only had you applied immediately after joining service.

Now better wait for the response on your application for technical resignation. But, I don't think, the recruiting authority would be able to use his discretion to waive off the said condition, as most of the authorities feel themslves to be bound by the rules, instructions and decisions of the Government of India.



Expert : Sudhir Kumar

Posted On 07 March 2013 at 20:58

Your lapse of not intimate immediately gets condoned when NOC is issued.

You may apply for technical resignation and if compelled to give clear resignation you can subsequently agitate the matter as it is arbitrary and discriminatory action.

Whether they have given in writing that " You should have intimated the office about your "application form" for selected post a bit earlier."


I hope you can seek interview with higher authorities.



Author : viresh mishra

Posted On 08 March 2013 at 12:04

My last and final query is that please interpret this sentence"You should intimate the details of such application as soon as join Government service." AS SOON AS means what 1 day,2 day , one month, two month,three month...... PLEASE SOLVE THIS QUERY.



Expert : PS Dhingra, dcgroup1962@gmail.

Posted On 08 March 2013 at 13:01

The word is NOT as soon AFTER you join. The term, "as soon as you join" does not also mean after you get intimation about your selection for a post for which you applied for.

You intimated after four months that too only when you got the intimation about your selection for post of Excise Inspector. Had you sent intimation just a few days after you joined your post of LDC nobody could question the timing of your intimation.

Now on the face of the factual situation, anyone can safely assume that you intimated only with the intention to get benefit of your existing service along with the service in new department, otherwise you would not have intimated the employer had you not been selected for the post, as a matter of compliance with the requirement of your conduct, as expected from a sincere Government employee. Rather, the competent authority can also take the instance as a misconduct on your part, if he likes so.

Now it all depends upon the discretion of your recruiting authority to practically solve your problem. If needed, you can say sorry to the authorities for your forgetfullness about intimation.

At least, as of my views, legally you cannot claim any such benefit of technical resignation. That depends solely on the discrtion of your present recruiting authority.

If intentions are clear, there is nothing wrong to comply with the provisions of CCS (Conduct) Rules or to admit mistake.



Expert : Sudhir Kumar

Posted On 08 March 2013 at 19:21

you are not saying whether such reply is in writing or verbal so no comments.


Previous

Next

You need to be the querist or approved Lawyersclubindia expert to take part in this query .


Click here to login ( Members Login ) now







Similar Queries :










Quick Links



Browse By Category



Subscribe to Experts Feed
Enter your email to receive Experts Updates:







web analytics