Rules for retention of lien of permanent government employee

jeetesh (Querist) 11 April 2016 This query is : Resolved
sir
I have joined PDA Scr secunderabad on 19th december 2012 and completed my probation after two years and confirmed as permanent employee.
Due to personal reasons i have resigned the job on 15th June 2015 and my resignation w.e.f 15.02.2015.
I joined Income tax department on 31.12.2015 and presently working.
I want to know can i go back to my parent department and whether i will be eligible for lien against my post.

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Sudhir Kumar, Advocate (Expert) 12 April 2016
you said you resigned on personal grounds it means that the resignation was not technical resignation to enable you to take up the new govt post.

so there is no lien you cannot join back.

P. Venu (Expert) 12 April 2016
Was your resignation considered to be technical in the sense that there is continuity of service?

Rajendra K Goyal (Expert) 12 April 2016
If your was not a technical resignation, you have no claim.

Sudhir Kumar, Advocate (Expert) 12 April 2016
further ther eis nothing called permanent lien.

lien can be held only during probation to new post while the earlier post was vacated on technical resignation to enable the employee to join another post.

jeetesh (Querist) 19 April 2016
sir
it was written technical resignation in the letter which i have received. I have resigned from my office duly stating that i have selected for the post of Income Tax inspector.
Even in the letter they have mentioned that the resignation is technical and resigning from the present job as the employee is selected in the Income tax department.

I have fulfilled all the formalities as taken prior permission before applying and taken Noc before joining the new office

The only thing is there is a gap of 6 months from the effective date of my resignation and Joining new service.

Sudhir Kumar, Advocate (Expert) 20 April 2016

first you decide what facts you have to present.

sometimes you say

“Due to personal reasons i have resigned the job on 15th June 2015”

Now you say

“it was written technical resignation in the letter which i have received. I have resigned from my office duly stating that i have selected for the post of Income Tax inspector.”

If the advise is free that does not mean that you will take examination of experts by changing the situation by substitution of facts.

P. Venu (Expert) 20 April 2016
It would have been proper had you disclosed the complete information in the initial posting itself. How was the six month gap regularised?

Any how, you can request for returning back to your lien and await the response.

jeetesh (Querist) 20 April 2016
I am very sorry sir for the mistake in first post.
I resigned the post as i was selected for the post of income tax inspector and fulfilled all the formalities( i.e. prior intimation before applying application, took noc for the interview).
My gap of six months has not been regularised and my previous SR also not forwarded to my new office.
Please kindly help me i am in very difficult situation.
Again i am very sorry for the miatake

Sudhir Kumar, Advocate (Expert) 20 April 2016
why the gap was there and why it should be regularized

have you made any request
have you applied for any leave for this period.