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Devendra Golande   13 September 2023

Technical resignation

I was in the public sector undertaking. After tendering my technical resignation, I took up the job in the Central Govt and got absorbed. What benefits should I get on my joining Central Govt 



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     14 September 2023

As per the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965, the resignation is treated as a technical formality where a Government servant has applied through proper channel for a post in the same or some other Department, and is on selection, required to resign the previous post for administrative reasons. The resignation will be treated as technical resignation if these conditions are met, even if the Government servant has not mentioned the word “Technical” while submitting his resignation.

Benefits of Technical Resignation

  • Carry forward of Leaves. ...
  • Carry forward of LTC. ...
  • Pay Protection, eligibility of past service for reckoning of the minimum period for grant of Annual Increment. ...
  • GPF transfer. ...
  • Seniority. ...
  • Applicability of Pension Scheme. ...
  • New Pension Scheme. ...
  • Need for Medical examination.
  • Verification of Character & Antecedents 

    In the case of a person who was originally employed in an office of the Central Government, if the period intervening between date of discharge from his previous office and the date of securing a new appointment, is less than a year, it would be sufficient if the appointing authority, before making the appointment, satisfies itself by a reference to the office in which the candidate was previously employed that (a) that office have verified his character and antecedents; and (b) his conduct while in the employment in that office did not render him unsuitable for employment under Government. 

  • Lien is defined in FR 9(13). It represents the right of a Government employee to hold a regular post, whether permanent or temporary, either immediately or on the termination of the period of absence. The benefit of having a lien in a post/service/cadre is enjoyed by all employees who are confirmed in the post/service/cadre of entry or who have been promoted to a higher post, declared as having completed the probation where it is prescribed. It is also available to those who have been promoted on regular basis to a higher post where no probation is prescribed under the rules, as the case may be. 

Dr. J C Vashista (Advocate )     14 September 2023

Very well advised by expert Mr. T Kalaiselvan, I agree and appreciate.

However, you were employed in a PSU before stated to have been absorbed by Union government job, whether it was approved PSU to be considered as a government department for the purpose of technical resignation and absorption?

Sudhir Kumar, Advocate (Advocate)     14 September 2023

Originally posted by : T. Kalaiselvan, Advocate

As per the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965, the resignation is treated as a technical formality where a Government servant has applied through proper channel for a post in the same or some other Department, and is on selection, required to resign the previous post for administrative reasons. The resignation will be treated as technical resignation if these conditions are met, even if the Government servant has not mentioned the word “Technical” while submitting his resignation.Benefits of Technical ResignationCarry forward of Leaves. ...Carry forward of LTC. ...Pay Protection, eligibility of past service for reckoning of the minimum period for grant of Annual Increment. ...GPF transfer. ...Seniority. ...Applicability of Pension Scheme. ...New Pension Scheme. ...Need for Medical examination.Verification of Character & Antecedents In the case of a person who was originally employed in an office of the Central Government, if the period intervening between date of discharge from his previous office and the date of securing a new appointment, is less than a year, it would be sufficient if the appointing authority, before making the appointment, satisfies itself by a reference to the office in which the candidate was previously employed that (a) that office have verified his character and antecedents; and (b) his conduct while in the employment in that office did not render him unsuitable for employment under Government. Lien is defined in FR 9(13). It represents the right of a Government employee to hold a regular post, whether permanent or temporary, either immediately or on the termination of the period of absence. The benefit of having a lien in a post/service/cadre is enjoyed by all employees who are confirmed in the post/service/cadre of entry or who have been promoted to a higher post, declared as having completed the probation where it is prescribed. It is also available to those who have been promoted on regular basis to a higher post where no probation is prescribed under the rules, as the case may be. 

 

 

 

I have partial disagreement.

 

GPF transfer ay not be feasible.  In PSU you may be subscriber of EPFO.  Thre is no provision of transfer of funds from EPFO to GPF  You can withdrawn EPFO amount and it is advisible not to withdraw pension component thereof so that you can claim pension on attaining age of 50.

 

Seniority. There is absolutely no provision of protection of past seniority once having resigned a post and on your confirmation to new post even the lien is no more.

 

 Need for Medical examination & character antecedents.  The same will not be required as by the time of your joining such documents would have been taken over by new organization before issue of offer of job.

 

P. Venu (Advocate)     14 September 2023

In my understanding, PSU employees are not Government servants and hence. the concerned OM is no application in the instant case.

Dr. J C Vashista (Advocate )     17 September 2023

Originally posted by : P. Venu

In my understanding, PSU employees are not Government servants and hence. the concerned OM is no application in the instant case.

Yes, that is my contention, PSU is not part of Central govenrment services. 


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