REINSTATEMENT AFTER RESIGNATION
Querist :
Anonymous
(Querist) 06 March 2011
This query is : Resolved
i WAS A GOVERNMENT SERVANT IN GOVERNMENT OF KERALA . COMMENSED SERVICE IN 1985 AS A GAZETTED OFFICER AND SERVED UNTIL 2006. IN 2006 ,I RESIGNED FROM GOVERNMENT SERVICE TO ACCEPT A BETTER POST ON CONTRACT BASIS, IN GOVERNMENT SERVICE. AFTER COMPLETING ONE YEAR OF SERVICE, CONTRACT WAS EXTENTED FOR ANOTHER YEAR,BUT AS I DID NOT PLAY IN TUNE WITH THE MINISTER'S OFFICE, WHO PROMPTED ME FOR CORRUPTION , I WAS THROWN OUT OF SERVICE, CANCELLING MY CONTRACT ON THE GROUND THAT THE SECRETARY WHOC SANCTIONED THE CONTRACT FURTHER DID NOT TOOK GOVT SANCTION ETC. I HAVE FILED A CASE IN THE HIGH COURT AND IT IS STILL PENDING DISPOSAL.
NOW THE MINISTRY IS CHANGING. I AM WORKING IN THE NGO SECTOR NOW. SINCE I RESIGNED TO TAKE THIS POST ,(WHICH WOULD HAVE CONTINUED UNTIL 60 YEARS,),I AM NOT ELEGIBLE FOR PENSION OR GRATUVITY OR ANY SUCH BENEFITS.
RECENTLY I SAW IN THE agS SITE THAT "• Resignation from a post to take up another appointment with the proper permission is not resignation from public service'.
ACTUALLY I JOINED THE NEW POST WHICH WAS A HIGHER POST(AS DIRECTOR) WHILE I WAS ON'LEAVE WITHOUT ALLOWANCE 'FROM MY REGULAR POST. BUT AFTER ONE MONTH, THE AUTHORITY SAID I HAVE TO JOIN ON DEPUTATION OR RESIGN AND JOIN ON CONTRACT, .I OPTED THE SECOND CHOICE, AS DEPUTATION WAS NOT BENEFICIAL ,AS I AVAILED 4YEARS OF LWA BEFORE AND LOST SEVERAL INCREMENTS.
NOW I WONDER WHETHER I CAN APPLY TO GOVT TO REINSTATE ME. IS THRE ANY GROUND TO GET SUCH A BENEFIT. IF I WERE IN SERVICE, I WOULD HAVE RETIRED ON 3/2013. AT LEAST GETTING PENSION BENEFITS FOR MY SERVICE(18YEARS OF QUALIFYING SERVICE) .
MY QUALIFICATION IS PhD AND I SERVED IN SEVERAL KEY POSITIONS AND WAS VERY POPULAR IN GOVT SERVICE.
PLEASE ADVISE ME ABOUT MY CHANCES FOR BEING REINSTATED OR GETTING PENSION BENEFITS,AT LEAST.
REGARDS
LATHA'
Uma parameswaran
(Expert) 06 March 2011
"Resignation from a post to take up another appointment with the proper permission is not resignation from public service'". Your case shall not fall under above findings.
Advocate. Arunagiri
(Expert) 06 March 2011
Whether your service books are in continuation to your previous service.
Guest
(Expert) 06 March 2011
Of course there is a rule that resignation from a post to take up another appointment in Government or autonomous bodies, with the proper permission is just a technical resignation from public service.
BUT in your question you have not stated whether you applied for the contractual post through proper channel or not, or you got NOC from your controlling authority on your previous post in Government or not.
However, had there been the case of resignation with permission to take up another post that could have provided you the benefit of counting of your past service for the purpose of pay fixation and retirement benefits on the new post, BUT that rule does not allow you to return to the previous post once you have resigned from that post.
However, had you opted for deputation on the new post, you had had every right to return to your parent cadre when deputation would have ended.
What I feel, in this case the first mistake was resignation from your regular post even after completion of more than 20 years of service, where I am sure the Rules of the Government of Kerala also would have allowed you to seek voluntary retirement after 20 years of service on the analogy of the existing Rule in the Central Government service, with retirement benefits on prorata basis.
The second mistake seems to have been in taking up contract appointment instead of deputation, when on contact post there is least security of service. If the new post was higher, you would definitely have got the advantage in fixation of pay on the higher post if taken on deputation basis.
About your being on leave without pay, if the leave was on medical grounds, your pay on the new post on deputation would have been fixed on the basis of your presumptive pay, i.e., after taking the increments that you would have earned had you not been on leave, as leave without pay on medical grounds is counted as service for the purpose of earning future increments. However, if you were on leave without pay without medical certificate, that definitely would have affected your pay by postponing increments for the period equivalent to the period spent on leave without pay.
However, you can try your luck by submitting a request for cancellation of your resignation to the previous recruiting authority with further request to condone the intervening period of absence. But there is only 5% hope that too if you have some influence in the previous department and also the post has not yet been filled with regular appointment against the vacancy caused by your resignation.
You may, if you like, can send complete details with copies pertaining to the process starting from your resignation till now, for detailed examination to see if some help can be possible.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
Querist :
Anonymous
(Querist) 08 March 2011
Thanks everyone.
Mr.Dhingra's reply is very informative. For his information , inspite of completing 20years of service, due to 4 years of LWA, I had only 16 years of elegible pensionable service and hence could not opt for voluntery pension. after loosing so many increments and serving in a lower post, opting for deputation was not appealing , as I was posted in a higher post .But it was on contract basis and while i accepting this post I already was on LWA. So I could join the post without taking any further permission from the parent department, which was accepted initially , but after serving for one month, I was asked to resign or join on deputation,
So that was the situation.
My tug with the minister started after one year when the new government came up and they wanted to misuse my office. Still the minister concerned was not the authority to cancell my contract and so i have filed a petition in the hon High court of kerala and it is still pending disposal.
i did not get my last month's salary or the gratuvity earned in that post. Since the case is still pending, and the present minister is leaving, I thought I have scope to give a review submission to the govt.
is there any propvision for the same.If not for reinstatement , for minimum pension? My superannuation date would have been march 2013. Tell me whether there is any chance in such case?
with warm regards
latha
