Past service benefit not extended to new job
Pritam singh
(Querist) 31 March 2016
This query is : Resolved
I have techanicaly resigned from central govt job and joined newly converted central govt dept to cpsu having central govt ruling. All old absorbed extended the benefits of central govt while mine is not given. Can I claim central govt benefits like others. At the time of notification cpsu was fully under central govt rule. Even pay scale was in CDA. PL advice how to claim the benefits
dr g balakrishnan
(Expert) 01 April 2016
yea you can, under central services regulations
dr g balakrishnan
(Expert) 01 April 2016
if they are willing to extend the comfort of adding your past services in the new post too but take a letter from the department, without their commitment by writing you would land in trouble
Rajendra K Goyal
(Expert) 01 April 2016
Have you applied to new department through proper channel?
However, you should claim.
Pritam singh
(Querist) 01 April 2016
Yes I have applied through proper channel and submitted all the documents of previous department to new department
Pritam singh
(Querist) 01 April 2016
PL suggest me the letter for reminding about the benefits claim followed by legal
Pritam singh
(Querist) 01 April 2016
Yes do advice for claim through court
kavksatyanarayana
(Expert) 02 April 2016
You shall submit an application for extended benefits like other to the 'next higher authority' to the appointing authority. if the authority cannot grant, then next higher authority, like that up to maximum higher level and lastly approach tribunal/court.
T. Kalaiselvan, Advocate
(Expert) 09 April 2016
A resignation from the service or post entails forfeiture of entire past qualifying service.
The exception is technical resignation which does not result in forfeiture of past service.
In cases where a Government servant applied for post in the same or the other
Departments through proper channel and on selection, is required to resign the previous posts for administrative reasons, the benefit of past service, if otherwise admissible under rules, is given treating the resignation as a "Technical Formality". Resignation submitted for other reasons or if
competent authority has not allowed him to forward his application through proper channel is a resignation and benefit of past service will not be admissible.
A permanent Government servant appointed in another Central Government
Department/Office has to resign from his parent department unless he reverts to that department within a period of 2 years, or 3 years in exceptional cases. Such resignations shall not be deemed
to be resignation for the purpose of pension, if admissible. As a consequence, continuity of service benefits should be allowed to such employees in the matter of pension, leave, LTC, etc. as admissible under the rules.
In cases where Government servants, who had originally joined government service prior to 01.01.2004, apply for posts in the same or other departments and on selection they are asked to tender technical resignation, the past services are counted towards pension under CCS
(Pension) Rules, 1972.
P. Venu
(Expert) 11 April 2016
The crucial issue is whether the queriest still a Government servant, as he has joined a PSU and not another Government Department. The facts revealed suggests to the contrary. If so, he cannot have the benefits of technical resignation.
