Withdrawal of resignation after effective
Querist :
Anonymous
(Querist) 18 January 2018
This query is : Resolved
I worked as Examiner of Patents and Designs at Indian Patent Office, New Delhi under the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry. I appointed by president of India on 13th March, 2016.
I applied for technical resignation on 25th September, 2017 and a consequence competent Authority accepted my Technical resignation on 13th Nov., 2017. I got relieved of my duties from the post of Examiner of Patents & Designs on 22th Nov., 2017 to join Indian Oil Corporation Limited (IOCL) for one year probation period.
There are several difficulties I am facing here at IOCL and due to same I am not able to support my family. I am the eldest son in my family and have multiple responsibilities. Nature of duties in IOCL is completely different form the Patent office.
I was applied for repatriation request to the Department of Industrial Policy & Promotion on 4th December, 2017 (after 10 days) (Annexure-I). In continuation of my previous request again I request on 1st January, 2018 to department give me some relief in this matter. (Annexure II)
Department followed the guideline of the DOP&T and according the Rule 26 ccs pension rule 1972 is. (Annexure III)
The procedure for withdrawal of resignation after it has become effective and the Government servant had relinquished the charge of his earlier post, are governed by the following statutory provisions in sub-rules (4) to (6) of Rule 26 of the CCS(Pension) Rules,1972. This corresponds to Art. 418(b) of the Civil Service Regulations:-
(4) The appointing authority may permit a person to withdraw his resignation in the public interest on the following conditions, namely:-
(i) that the resignation was tendered by the Government servant for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct and the request of a material change in the circumstances which originally compelled him to tender the resignation;
(ii) that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the person concerned was in no way improper.
(iii) that the period of absence from duty, between the date on which the resignation became effective and the date on which the person is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days;
(iv) that the post, which was vacated by the. Government servant on the acceptance of his resignation or any other comparable post is available.
5) Request for withdrawal of a resignation shall not be accepted by the appointing authority where a Government servant resigns his service or post with a view to taking up an appointment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body” controlled or financed by the Government.
(6) When an order is passed by the appointing authority allowing a person to withdraw his resignation and to resume duty, the order’ shall be deemed to include the con-donation of interruption in service but the period of interruption shall not count as qualifying service ;”
6. Since the CCS (Pension) Rules, 1972 are applicable only to holders of permanent posts, the above provisions would apply only in the case of a permanent Government servant who had resigned his post. The cases of withdrawal of resignation of permanent Government servants which involve relaxation of any of the provisions of the above rules will need the concurrence of the Ministry of Personnel, Public Grievances and Pensions, as per Rule 88 of the CCS(Pension) Rules,1972.
Rule number 26(5) not allowed for the withdrawal of resignation of a person to join the Corporation. I have Joined IOCL with the proper permission of the department. My resignation is a technical resignation means my past service is not forfeit. RTI request number is
“DP&PW/R/2018/50032” clearly mention that ccs pension rule no. 26 is not applicable in my case.
.
Isaac Gabriel
(Expert) 20 January 2018
Once relieved after resignation,be it technical or not, the services in the post come to an end. If at all you want to rejoin, it is the discretions of the competent authority, and not a matter of right.If you were in substantive post while relief, your request cpould be considered..
Guest
(Expert) 20 January 2018
Withdrawal of resignation is allowed only during the notice period, not after expiry period or getting relieved from duties.
P. Venu
(Expert) 20 January 2018
What is the information sought and disclosed under RTI request?
Querist :
Anonymous
(Querist) 20 January 2018
Rti disclosed that ccs pension rule is applicable only the government employee who joined before 31.12.2003.
Querist :
Anonymous
(Querist) 23 January 2018
how can i join again? any solution sir please help us
