Seniority protection under technical resignation

Gaurav Shede (Querist) 14 August 2020 This query is : Resolved
sir,
i had joined Chennai customs (CBIC) as an examiner (GP 4600) on 31.01.2013. I applied for technical resignation and joined mumbai customs (CBIC) on the same post i.e. examiner at the same grade pay (GP 4600) on 01.09.2014. I had cleared departmental exams for confirmation/promotion in chennai in august 2013. probation period is 2 years for the post of examiner.
my question
1. can i avail seniority benefit for promotion in mumbai.
2. as per the dopt o.m. dated 27.08.2018, does the post/appointment held by me come under substantive post
3. can i appeal to dopt
thank you

Follow Query

Report Abuse

Quick Summary

This discussion concerns a Customs Examiner who resigned technically from Chennai to join Mumbai Customs in the same role and grade pay. The core questions revolve around whether seniority benefits can be carried over to the new post in Mumbai and if the previous appointment qualifies as a substantive post under DOPT rules. Guidance suggests that while pay is protected, seniority is generally not retained unless specific service rules permit, though the option to return to the parent department within a lien period might allow seniority recovery.

Isaac Gabriel (Expert) 15 August 2020
It is governed by service regulations and rules.

P. Venu (Expert) 16 August 2020
In a case of technical resignation, seniority would be protected in the parent department during the period of lien. In the instant case, you would be the junior-most in Mumbai, but you have option to return to Chennai Region within the period of lien and regain your seniority.

Rajendra K Goyal (Expert) 16 August 2020
Pay is protected, seniority would not be protected till specifically permitted by service rules.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries