counting past service benefits
amit kumar thakur
(Querist) 26 March 2014
This query is : Resolved
Sir with due respect. Expecting the experts comments in the subject mentioned below _ sir I am central govt civilian employee since 2011. I was applied for the open competetive examinations conducted by staff selection commission of india combined graduate level exam 2012. And intimation of the aforesaid examination has been given to my employer. After selection my office is refusing to my resignation on technical ground saying that I was only intimated about the examination permission was not obtained by me from the employer. No corrospondence was made to commission by the employer to with hold my candidature. Sir now my point is that as the commission was not intimated within the 30 days from the closing date of application it is presumed that permission has been granted. But the same has been refused by my employer. Sir plz give ur valuable comments to resolve this issue. Thanking u all sirsir.
Dr J C Vashista
(Expert) 27 March 2014
Submit your resignation letter for relieving you on expiry of statutory period, department cannot withhold, contact and seek some service matter expert's opinion and guidence.
Isaac Gabriel
(Expert) 27 March 2014
If the office in which you are working is Central Government, you need not submit resignation.The office can not prevent you from joining the new post.Neverthless,you will be put on the new scale of pay applicable for the post to which you are selected,but your service will count.you may inform about the selection and seek relief from the post so as to join in the new post.
Guest
(Expert) 27 March 2014
There is a marked difference between intimation and seeking permission or forwarding application through proper channel to appear in the competitive exam. There is no question of deemed permission, if mere intimation was sent and permission was not sought.
You your case does not fall within the category of technical resignation to seek benefit of past service.
However, if you feel that joining of the new organisation is beneficial for you, you may better submit your normal resignation from the present job on acceptance of which you may join the new organisation
Even otherwise also, a meagre past service of 2+ years won't serve any purpose to render any benefit to you, as no pensionery benefits you can derive from your past service, your past service being regulated by the contributory pension scheme.
Rajendra K Goyal
(Expert) 27 March 2014
Submit your resignation and join new. Agree with the expert PS Dhingra ji.
krishna mohan
(Expert) 27 March 2014
You may submit your technical resignation enclosing copy of order issued by SSC and ask for relief. If it is refused you may take up the cause later after joining as per relevant provisions of rules in your new posting.
Guest
(Expert) 27 March 2014
Mr. Mohan,
Are you sure, Mr. Amit Kumar Thakur would be relieved by the authorities on submission of technical resignation and be able to take up appointment on the new job, when he has already stated, "after selection my office is refusing to my resignation on technical ground saying that I was only intimated about the examination permission was not obtained by me from the employer"?
krishna mohan
(Expert) 28 March 2014
For public appointments it is normally required to get prior permission and apply through proper channel. But it may be exempted for UPSC and SSC and in this connect I suggested. It is understood that present employer has informed means not in writing. When he submits resignation on technical grounds and would like to avail continuity of service benefits he can take chance and according to rule provision the relief order will say so rather than assuming that technical resignation will not be accepted as it is from one govt. dept. to another dept.
P. Venu
(Expert) 29 March 2014
The queriest is on sound footing. He has given intimation for applying to the SSC to the present employer, who should have informed of the objection, if any, within the prescribed period.
The fact the SSC has finalized the appointment proves that the present employer had not taken any objection. To make sure, make an application the RTI Act.
Now the present employer is obliged to accept the technical resignation and relieve the queriest to take up the new employment.
Technical resignation has many advantages. The service will be counted for all purposes - gratuity, LTC, leave, etc.
If still the present employer is adamant, submit the technical resignation and take up the new employment. Legal issues could be sorted our through judicial remedies.
Dr J C Vashista
(Expert) 30 March 2014
I endose the expert advise of Mr. P Venu.
Guest
(Expert) 30 March 2014
I can wish the querist only the best of luck, if Mr. Venu considers the querist to be on sound footing.
T. Kalaiselvan, Advocate
(Expert) 27 March 2014
