Technical resignation not given

Pankaj (Querist) 25 April 2022 This query is : Resolved
Respected Experts
I was working as Translator in C&AG since 2017. In March 2021 I got another job and joined as Junior Translation Officer in Department of Official Language(DOL), Ministry of Home Affairs. Prior to that I applied for the post of Translator in Lok Sabha through proper channel from the office of C&AG. At the time of joining DOL, I intimated them that I had applied for Translator in Lok Sabha. Now I am selected for the post of Translator in Lok Sabha but DOL is not giving me technical resignation saying that I did not complete probation. Please tell what to do now.

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An employee working as a Junior Translation Officer at the Department of Official Language (DOL) applied for a Translator role in the Lok Sabha through proper channels. Although they informed DOL about the Lok Sabha application, they are now facing issues with technical resignation as DOL claims they haven't completed probation. The employee is seeking advice on how to proceed, considering the standard notice periods for probationary staff.

kavksatyanarayana (Expert) 25 April 2022
I think that an employee who is on probation can be relieved by the employer within a month by giving 30 days' notice by the employee. If in the offer of appointment, the notice period is 3 months period then 3 months period or 3 months Pay need be deposited.

Dr J C Vashista (Expert) 26 April 2022
Technical resignation is inapplicable for probationary employee.

krishna mohan (Expert) 26 April 2022
Technical resignation is normally done to avail service benefits or carry over of service benefits. Since you are in probation, you can give notice by suitably referring to the facts you are relying on prior intimation and seek relief to take up new job.

P. Venu (Expert) 27 April 2022
The extant instructions reveal that technical resignation entails retention of lien in the parent department. Such retention of lien is possible only if the employee has completed probation, as applicable.

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