Departmental exam for confirmation
mahinder
(Querist) 23 September 2013
This query is : Resolved
before joining in Patna zone as central excise inspector in 2006, i was already working as central excise inspector in Kerala zone in 2005. In Kerala zone, i passed the departmental exam for confirmation. when i joined in Patna zone after giving TECHNICAL RESIGNATION from Kerala zone, i asked from my department to clarify the position whether i have to appear gain in confirmation examination( as the confirmation exam is in same papers conducted by same institution i.e NACEN, all over India) . I got a letter which asked me not to appear again as i have passed the same.In 2013, my department told me that, the letter issued to me was based on the assumption that i have come through INTER ZONAL TRANSFERS instead of Technical Resignation and have to pass the examination again to be confirmed in the post. The departmental rules allow exemption to candidates who join on transfer from other zones/commissionerates(lower formations of zones)and have passed exam in their parent zones/commissionerates.
My query is since ,I have made clear in my application that I have come through TECHNICAL Resignation and CBEC has banned Inter zonal transfers from 2004-2009, how the assumption was drawn that I have come through transfer. Further Is a person coming after submitting Technical resignation do not get all the benefits of transfer. His joining time is treated as duty. Is it not a transfer and dept rules allow exemption to people coming on transfer.
mahinder
(Querist) 23 September 2013
i was selected for the 2003 combined graduate level exam for the post of central excise inspector in kerala zone and joined there in 2005. I was again selected in 2004 batch for the same post, but was given patna zone. As it was in my home state, therefore i tendered my technical resignation in nov 2006 which was accepted by kerala zone and joined patna zone in nov 2006. In 2007 I wrote to Dept. to clarify my position as regarding dept exam. I was then advised in 2007 to not to appear in exam as i have already passed it.
Raj Kumar Makkad
(Expert) 23 September 2013
Your technical resignation and joining in Patna zone cannot be treated equivalent to transfer. Better to go through the departmental rules in this regard.
mahinder
(Querist) 24 September 2013
technical resignation is not a resignation form government service. when a govt. servant applies for another post in other department through proper channel and on selection he is asked to resign the post for administrative reasons, the resignation is treated as technical formality and benefits of past services are given.(circular issued in year 65 and 93 of DOPT). Further under rules of transfer Joining time and joining time pay is given to govt servant, when he moves from one post to another after submitting technical resignation in this way. Further joining time is treated as duty(clarification issued by DOPT in year 2012. Also transfer grant is given to such govt. servant.
Further definition of transfer says " movement of govt servant form one Hq station in which he is posted to another such station either to 1. join a new post or 2.in consequence of change of his duty station.
Part 1 of definition is open ended. It does not say promotion post, deputation post or post joining on technical resignation
mahinder
(Querist) 24 September 2013
further i was informed by th dept in writing that u need not to appear for the exam again in 2007
Sudhir Kumar, Advocate
(Expert) 23 September 2013
