Technical resignation

Saddam Kolida (Querist) 07 March 2020 This query is : Resolved
Sir,
I was working in indian ordnance factory which comes under ministry or defence( govt. of India).
After working 2 year 8 month and 25 days my tech. Resign was accepted..and I joined the railway as a technician.
Now the question is tht my last basic was 20500 what was applied from 6 jan 2020 and my resignation was accepted on 11 jan 2020, can I get the same basic in my new service,, and in my account there was some leaves of new year are available , can that benifit carry forward to my new service? Please help,,

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This discussion clarifies the benefits associated with a 'technical resignation' from government service in India. If you resigned through the proper channel to take up another government post, you are generally entitled to pay protection, meaning your new salary should not be less than your previous one. Additionally, any accumulated leave balance should be carried forward to your new role. To secure these benefits, it's advised to formally apply to your new department, citing relevant government orders. If your request is denied, consider seeking legal advice.

Raj Kumar Makkad (Expert) 07 March 2020
technical RESIGNATION ensures all past benefits intact so not only last pay protection shall be available to you but you shall also avail the balance leaves.

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Saddam Kolida (Querist) 07 March 2020
What should I do to get that all benifits? I joined already and when I told them about that they just said please don’t argue with us..

Raj Kumar Makkad (Expert) 07 March 2020
This is not the way to reply on the part of the concerned officials of your department. You are required to move an application seeking pay protection and clubbing your past service with new one will all benefits. Let them reply and if you do not get the reply within a stipulated time, you may serve a legal notice through your lawyer and further follow his instructions.

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Dr J C Vashista (Expert) 08 March 2020
You have joined same or higher grade in Railway as you were getting in IOF ??
If so, apply for pay protection and fixation at the same/ higher grade.
Leave accumulated can not be counted/ transferred.

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Saddam Kolida (Querist) 08 March 2020
Sir, when I applied for technician in railway my grade pay was lower than IOF job so I got the NOC. But at the time of resignation my basic was 20500 but here I am getting 19900. 1 increment is totally loss.
Just waiting bcuz I m on training. My next increment here will be on jan 2021. What was my fault in this??
I just got one benifit that I am near to my home than before..

Raj Kumar Makkad (Expert) 08 March 2020
If you had applied through proper channel with permission and had tendered technical resignation then you cannot be discriminated and you shall get pay protection as already replied to you.

krishna mohan (Expert) 09 March 2020
You can check the advertisement for counting of past service, carry over of benefits etc., If indicated in your offer you can ask. Nothing wrong in representing to count your past service as for gratuity already order is issued to count service in other organizations. Leave very doubtful. Pay protection again not admissible being a direct recruitment in your choice to opt for lower grade.

Rajendra K Goyal (Expert) 11 March 2020
Proceed by submitting an application if you have applied through proper channel.

T. Kalaiselvan, Advocate (Expert) 21 March 2020
On your technical resignation being accepted, you will get all the benefits due to this technical resignation such as pay protection, leaves due to you, seniority for promotion etc.

T. Kalaiselvan, Advocate (Expert) 21 March 2020
As per the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965, the resignation is treated as a technical formality where a Government servant has applied through proper channel for a post in the same or some other Department, and is on selection, required to resign the previous post for administrative reasons. The resignation will be treated as technical resignation if these conditions are met, even if the Government servant has not mentioned the word “Technical” while submitting his resignation. The benefit of past service, if otherwise admissible under rules, may be given in such cases

T. Kalaiselvan, Advocate (Expert) 21 March 2020
In terms of Rule 9(2) of the CCS (Leave) Rules, 1972, technical resignation shall
not result in the lapse of leave to the credit of the Government servant. The balance of unutilised CCL as well as all other leaves of the kind due & admissible will be carried forward.
In cases of appointment of a Government servant to another post in Government on acceptance of technical resignation, the protection of pay is given in terms of the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965 read with provisions of FR 22-B. Thus, if the pay fixed in the new post is less than his pay in the post he holds substantively, he will draw the presumptive pay of the post he holds substantively as defined in FR-9(24). Past service rendered by such a Government servant is taken into account for reckoning of the minimum period for grant of annual increment in the new post/ service/ cadre in Government under the provisions of FR 26 read with Rule 10 of CCS(RP) Rules, 2016. In case the Government servant re-joins his earlier posts, he will be entitled to increments for the period of his absence from the post.

T. Kalaiselvan, Advocate (Expert) 21 March 2020
On technical resignation seniority in the post held by the Government servant
on substantive basis continues to be protected. However, in case of a Government
servant deciding to rejoin his substantive post, the period spent in the another
Department which he had joined after submitting his technical resignation will not
count for minimum qualifying service for promotion in the higher post.
Lien is defined in FR-9 (13). It represents the right of a Government employee to
hold a regular post, whether permanent or temporary, either immediately or on the
termination of the period of absence. The benefit of having a lien in a post/service/cadre is enjoyed by all employees who are confirmed in the post/service/cadre of entry or who have been promoted to a higher post, declared as
having completed the probation where it is prescribed. It is also available to those who have been promoted on regular basis to a higher post where no probation is prescribed under the rules, as the case may be.

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