Want to rejoin psu on the behalf of technical resignation

Jeetendra Learning (Querist) 16 February 2023 This query is : Resolved
Please help me on this matter,
1.5 year back I resigned from the HPCL, and joined the state government job. on the behalf of technical resignation, many of my colleagues are joined thier previous departments. psu is also a central government company and it is coming under petroleum ministry. If technical resignation guidelines are applicable to all ministries then why psu is not allowed to join again.

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This discussion addresses the possibility of rejoining a Public Sector Undertaking (PSU) after a technical resignation to take up a state government post. The core issue is whether 'technical resignation' rules, which allow for continuity of service benefits in central government roles, also apply to PSUs under the petroleum ministry. Guidance suggests that if the original resignation was submitted correctly, specifically requesting it be treated as technical due to taking up another government appointment, rejoining may be permissible. Consulting a local lawyer specialising in service matters is recommended for personalised advice and assistance.

Sudhir Kumar, Advocate (Expert) 16 February 2023
already being discussed at
https://www.lawyersclubindia.com/forum/details.asp?mod_id=228098&offset=1

T. Kalaiselvan, Advocate (Expert) 16 February 2023
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"
the Government servant at the time of resignation should specifically make a
request, indicating that he is resigning to take up another appointment under
Government/ Government organisation for which he applied before joining the
Government service and that his resignation may be treated a 'technical
resignation'.
the authority accepting the resignation should satisfy itself that had the employee
been in service on the date of application for the post mentioned by the employee,
his application would have been forwarded through proper channel.
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.
The OM governing the said rules is given below for your reference.
{OM No. 13/24/92-Estt.(Pay-I) dated 22.01.19931

Jeetendra Learning (Querist) 16 February 2023
I have resigned in proper manner, at the time of interview I have taken NOC and mention about the reason.

Dr J C Vashista (Expert) 19 February 2023
If you had resigned in proper manner prescribed for "technical resignation" as explained by learned expert Mr. T Kalaiselvan ji, you are entitled for joining parent department.

It would be appropriate to consult and engage a local prudent lawyer practicing service matters with relevant documents for proper appreciation of facts / documents, professional advise and necessary proceeding.

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