Technical resignation

1.   If I tender resignation to join new post, will it be considered  as TECHNICAL RESIGNATION?

Ans : Yes.  But you have to specify that you are resignbing to enable yourself to join a higher post for which you had applied through proper channel.

2.   If yes, in that case can I get Lien and for how much period?

Ans : Yes.  Lien can be held till the time you are on probation to new post and thereafter lien can be terminated.  Thereafter neither you can come back, nor new deptt can send back nor old deptt can receive you back.

3.  What is procedure to apply for lien? (Is it required to sate in diretly in my resignation letter or seperate application for lien is required?) Please suggest me that what to write in my technical resignation as well as what documents I should submit with my Technical Resignation so that I could get the lien?

Ans : It appears thgat having joined since 2003 you are a permanent employees by now.  You to to state in the resignation letter tht you intend to retain lien.

3.   Will my past service be transfered to new dept and OLD PENSION SCHEME (GPF) as per exsisting Job will continue? 

Ans : Yes.  It will be treated as continuation of service and only thing is that MoD will have to transfer leave salary pension contribution to Chandigarh Administration.  

Your GPF will also be transferred and you cannot withdraw it like any other resigned employee.

5. How to transfer my GPF account as present account is with Defence Provident Fund Office (Controller of Defence Accounts-Funds, Meerut).

Ans : Your new account will be opened at Chandigarh and transfer will be made by the CDA.  GPS(CS) Rules have provision for the same. 

6. Will I get Transport allownce to shift my family and my household to new place? With what rates?

Ans : Yes.  At the rate applicable the last designation.

7. At present, although I am working at lower pot but I have already crossed the staring basic of Post of professor. So will my pay will be protected with new AGP and one additional increment on my present pay will be given to me?

Dear Sudhir Sir, 

your pay will be fixed just as in case of promotion.

I agree with learned expert Mr. Sudhir Kumar with his opinions and suggestions, nothing more to add.

Respected Sudhir Sir and other respected experts. 

Good Morning!!!

This is continuation of my earlier posts/queries on technical resignation and ur answers to it. For ur ready reference, the background is as under:-

 I am working as Associate Professor at Technical training Institution OF  Ministry of Defence since Nov 2003 with a current pay-band of 37400-67000 +9000 A.G.P. (Academic  Grade Pay as per UGC/AICTE Pay scale). I was selected by U.P.S.C. on the said post and I am covered under OLD PENSION SCHEME, Pension Rule 1972.  

Now, I am selected by U.P.S.C. for the post of Professor at Chandigarh College of Engg and Technology, Chandigarh Union Territory Administration, Home Dept Technical Education Wing in the pay-band of 37400-67000 +10000 A.G.P. I had officially intimated about my application to my dept as per procedure laid down in Swamy's Handbook. 

There were two post advertised by UPSC and I am the only person selected and no one was recommended on waiting list /reserve list by the UPSC.  Chandigarh Administration issued me an appointment order without any doing police verification and medical examination asking me to join immediately and not provided even 10 days period to join. On receipt of appointment order from Chandigarh Administration, I had requested Chandigarh Administration for extension in joining date (till 31 March 2015) as my present employer (MoD) took at least 02/03 months(This is based on previous similar cases of technical resignation) to process the resignation/technical resignation case  and relive due to involvement of various HQs internally in our services. (I am under Gazetted Civilian Officer-Technical Training Staff of TECHNICAL TRAINING INSTITUTE OF INDIAN ARMY UNDER JOINT CONTROL  OF ARMY TRAINING COMMAND  and RESPECTIVE ARM (SIGNALS))

In response to my request letter and latest  follow up letter in Oct 2014 from my side, RECENTLY, I received a letter from Chandigarh Administration that my request of extension has been considered and I have told to join by 31 Dec 2014 against my request of extension till 31 March 2015. I informed my present employer about this to verify that I can be relived on or before 31 Dec 2014, if I tender the technical resignation with retention of lien of 02 or 03 years on 01 Dec 2014 (As per the terms and condition of appointment order of my present employer, one month notice is required to be served, for resigning the post) I competed 11 years of service and I am permanent employee), the local authority told that it is not in their hand but they can try as per prevailing rules, however, final decision is with MoD and seeing past experience  of MoD, it is unlikely that I will be relived before 31 Dec 2014 and it will take at least 02 months. 

I have telephonically communicated it to MY NEW EMPLOYER but the advised me that first to tender technical resignation and then communicate the response in writing to them based on that they will take the decision (they may extend the joining date accordingly as they do not have much option left because UPSC will take one more year for recruitment)

At present my pay (As per AICTE Pay scale) is Rs 49830(Basic in PB-4)+Rs9000 (Academic Grade Pay)+Rs4860 (Non Compounded 03 advance increments w.e.f. Sep 2011 for acquiring PhD Qualification) = Rs63690(Total Pay) PLUS allowances- Rs68148 (DA)+Rs1600 (TPT)+Rs1712(DA on TPT)+Rs1500(Telephone bill reimbursement as per usage) in addition I am entitled to Canteen Store Dept (CSD) Facility. All CCS rules/regulations and benefits of CCS are applicable to me at my present employer and covered under OLD PENSION SCHEME-contributing GPF.

In contrast,  new post of professor is for  Chandigarh College of Engg and Tech (CCET) under Technical Education Dept of Chandigarh Union Territory Administration and pay scale applicable is AICTE Pay scale and IT IS LEARNT THAT  service rules and conditions of Panjab Civil Services. So DA, TPT, Telephone bill etc are as per Punjab Govt all though services are under Union Territory, Home Ministry of Govt of India. The minimum starting pay for the post of Professor is Rs43000 (PB-4)+Rs10000(Academic Grade Pay) and I am not sure about whether My 03 advance increments will be retained or not?

In view of above stated information, I have following questions. I request your guidance and answers  to take appropriate decision whether to  join CCET Chandigarh or not?

1.    Why is service rules, DA rules, allowance rules of State Govt (Panjab Govt) applicable to Union Territory which come under Home Ministry Govt of India and officer is recruited by UPSC and not the state Punilic Service Commission? Can that be challenged?

2.    Shall I tender technical resignation with lien  as suggested by CCET and what shall ?

3.    If I do so and in case my present dept is unable to relive my on or before 31 Dec 2014 then will Chandigarh Administration will consider my case for delayed joining (extend my joining date till I am relived from my present employer? Is any rules available to handle such cases of employee going from one dept to other dept of Govt of India?

4.    In case Chandigarh Administration denied me the further extension in joining, can took back my technical resignation? What is  the procedure to withdraw technical resignation? What are the implications?

5.    In case of  gap in service  between two depts. (leaving one and joining second), can it will be bridge by applying availing leave. Who can sanction that old employer or new?

6.    In case, I am relieved on or before 31 Dec 2014 and joined  CCET Chandigarh, served there for say for a month  and wanted to come back to my original dept, can I come back immediately? Is there any notice prod applicable? What is the procedure and implications?

7.    In case I am relived after 31 Dec 2014 and approach CCET Chandigarh for joining after 31 Dec 2014 and CCET refused to join me, can I come back immediately and join my parent organisation as I kept lien? What about gap of relive and going for joining and come back? Can one apply for leave for the said period of absence? WHAT ARE THE IMPLICATIONS?

8.    In case I join CCET  after I am relived from present employer, who will initiate and write my APAR? Will one APAR for the period of 01 Apr 14 to till Dec 14 be from my present employer and for remaining period from CCET? What if gap is there?

9.    As I am getting three non-compounded advance increments for acquiring PhD (As per AICTE/UGC/MHRD pay regulations) since Sep 2011, will that become part of my pay at CCET automatically? (I had read somewhere that any additional pay like advance increment etc become part of pay for pay fixation if those additional increments/pay last for more than three years) Kindly confirm.

10.  I f I joint CCET WILL I GET TA AID GRANT TO SHIFT MY FAMILY AND HOUSE HOLD? WHO WILL PAY THAT?

11.  IF I DECIDE TO COME BACK TO MY OLD DEPT FROM CCET DURRING LIEN PERIOD,  WILL I GET TA AID GRANT TO SHIFT MY FAMILY AND HOUSE HOLD  AGAIN? WHO WILL PAY THAT?

12.  MOST IMORTANT QUERRY IS IF I WANT TO COME BACK TO MY ID SATY JUST AFTER ONE MONTH? WILL THAT BE ORIGINAL DEPT FROM CCET WITHIN SHORT BE POSSIBLE? WHATS THE PROCESURE TO BE FOLLOWED? HOW MUCH TIME WILL  BE REQUIRED TO RELIVE ME BT CHANDIGARH ADMISTRATION? WILL MY SERVICE BE CONSIDER AS CONTUED SERVICE AT MY OLD EMPOYMENT (MoD)?

13.  If I join CCET Chandigarh, How much time is required to transfer service record , leave record from one dept to other? What if leave is required prior to leave record is not transferred to new dept?

14.  What about contribution to GPF till the time my my GPF/pension account is not transferred to new employer? Who will deduct and pay GPF contribution to old PPF account? If it is not possible for CCET to pay GPF contribution to CDA Meerut GPF account, will my old dept/CDA Meerut will allow be to pay it directly? Kindly guide.

15.  Is it possible not to pay GPF contribution for short period say for 03-06 months and then you pay for all months together the balance amount? Is it make any adverse implication on pension case in future?

Respected sir, I request you valuable guidance on the above stated queries which will help me to take decision to join new post and it will not only be helpful for my carrier but also for my family also. URGENT PLEASE.

Regards,

Respected Sudhir Sir,  

Warm Greetings!!!

 I am working as Associate Professor at Technical training Institution OF  Ministry of Defence since Nov 2003 with a current pay-band of 37400-67000 +9000 A.G.P. (Academic  Grade Pay as per UGC/AICTE Pay scale). I was selected by U.P.S.C. on the said post and I am covered under OLD PENSION SCHEME, Pension Rule 1972.  

Now, I am selected by U.P.S.C. for the post of Professor at Chandigarh College of Engg and Technology, Chandigarh Union Territory Administration, Home Dept Technical Education Wing in the pay-band of 37400-67000 +10000 A.G.P. I had officially intimated about my application to my dept as per procedure laid down in Swamy's Handbook. 

There were two post advertised by UPSC and I am the only person selected and no one was recommended on waiting list /reserve list by the UPSC.  Chandigarh Administration issued me an appointment order without any doing police verification and medical examination asking me to join immediately and not provided even 10 days period to join. On receipt of appointment order from Chandigarh Administration, I had requested Chandigarh Administration for extension in joining date (till 31 March 2015) as my present employer (MoD) took at least 02/03 months(This is based on previous similar cases of technical resignation) to process the resignation/technical resignation case  and relive due to involvement of various HQs internally in our services. (I am under Gazetted Civilian Officer-Technical Training Staff of TECHNICAL TRAINING INSTITUTE OF INDIAN ARMY UNDER JOINT CONTROL  OF ARMY TRAINING COMMAND  and RESPECTIVE ARM (SIGNALS))

In response to my request letter and latest  follow up letter in Oct 2014 from my side, RECENTLY, I received a letter from Chandigarh Administration that my request of extension has been considered and I have told to join by 31 Dec 2014 against my request of extension till 31 March 2015. I informed my present employer about this to verify that I can be relived on or before 31 Dec 2014, if I tender the technical resignation with retention of lien of 02 or 03 years on 01 Dec 2014 (As per the terms and condition of appointment order of my present employer, one month notice is required to be served, for resigning the post) I competed 11 years of service and I am permanent employee), the local authority told that it is not in their hand but they can try as per prevailing rules, however, final decision is with MoD and seeing past experience  of MoD, it is unlikely that I will be relived before 31 Dec 2014 and it will take at least 02 months. 

I have telephonically communicated it to MY NEW EMPLOYER but the advised me that first to tender technical resignation and then communicate the response in writing to them based on that they will take the decision (they may extend the joining date accordingly as they do not have much option left because UPSC will take one more year for recruitment)

At present my pay (As per AICTE Pay scale) is Rs 49830(Basic in PB-4)+Rs9000 (Academic Grade Pay)+Rs4860 (Non Compounded 03 advance increments w.e.f. Sep 2011 for acquiring PhD Qualification) = Rs63690(Total Pay) PLUS allowances- Rs68148 (DA)+Rs1600 (TPT)+Rs1712(DA on TPT)+Rs1500(Telephone bill reimbursement as per usage) in addition I am entitled to Canteen Store Dept (CSD) Facility. All CCS rules/regulations and benefits of CCS are applicable to me at my present employer and covered under OLD PENSION SCHEME-contributing GPF.

In contrast,  new post of professor is for  Chandigarh College of Engg and Tech (CCET) under Technical Education Dept of Chandigarh Union Territory Administration and pay scale applicable is AICTE Pay scale and IT IS LEARNT THAT  service rules and conditions of Panjab Civil Services. So DA, TPT, Telephone bill etc are as per Punjab Govt all though services are under Union Territory, Home Ministry of Govt of India. The minimum starting pay for the post of Professor is Rs43000 (PB-4)+Rs10000(Academic Grade Pay) and I am not sure about whether My 03 advance increments will be retained or not?

In view of above stated information, I have following questions. I request your guidance and answers  to take appropriate decision whether to  join CCET Chandigarh or not?

1.    Why is service rules, DA rules, allowance rules of State Govt (Panjab Govt) applicable to Union Territory which come under Home Ministry Govt of India and officer is recruited by UPSC and not the state Punilic Service Commission? Can that be challenged?

2.    Shall I tender technical resignation with lien  as suggested by CCET and what shall ?

3.    If I do so and in case my present dept is unable to relive my on or before 31 Dec 2014 then will Chandigarh Administration will consider my case for delayed joining (extend my joining date till I am relived from my present employer? Is any rules available to handle such cases of employee going from one dept to other dept of Govt of India?

4.    In case Chandigarh Administration denied me the further extension in joining, can took back my technical resignation? What is  the procedure to withdraw technical resignation? What are the implications?

5.    In case of  gap in service  between two depts. (leaving one and joining second), can it will be bridge by applying availing leave. Who can sanction that old employer or new?

6.    In case, I am relieved on or before 31 Dec 2014 and joined  CCET Chandigarh, served there for say for a month  and wanted to come back to my original dept, can I come back immediately? Is there any notice prod applicable? What is the procedure and implications?

7.    In case I am relived after 31 Dec 2014 and approach CCET Chandigarh for joining after 31 Dec 2014 and CCET refused to join me, can I come back immediately and join my parent organisation as I kept lien? What about gap of relive and going for joining and come back? Can one apply for leave for the said period of absence? WHAT ARE THE IMPLICATIONS?

8.    In case I join CCET  after I am relived from present employer, who will initiate and write my APAR? Will one APAR for the period of 01 Apr 14 to till Dec 14 be from my present employer and for remaining period from CCET? What if gap is there?

9.    As I am getting three non-compounded advance increments for acquiring PhD (As per AICTE/UGC/MHRD pay regulations) since Sep 2011, will that become part of my pay at CCET automatically? (I had read somewhere that any additional pay like advance increment etc become part of pay for pay fixation if those additional increments/pay last for more than three years) Kindly confirm.

10.  I f I joint CCET WILL I GET TA AID GRANT TO SHIFT MY FAMILY AND HOUSE HOLD? WHO WILL PAY THAT?

11.  IF I DECIDE TO COME BACK TO MY OLD DEPT FROM CCET DURRING LIEN PERIOD,  WILL I GET TA AID GRANT TO SHIFT MY FAMILY AND HOUSE HOLD  AGAIN? WHO WILL PAY THAT?

12.  MOST IMORTANT QUERRY IS IF I WANT TO COME BACK TO MY ID SATY JUST AFTER ONE MONTH? WILL THAT BE ORIGINAL DEPT FROM CCET WITHIN SHORT BE POSSIBLE? WHATS THE PROCESURE TO BE FOLLOWED? HOW MUCH TIME WILL  BE REQUIRED TO RELIVE ME BT CHANDIGARH ADMISTRATION? WILL MY SERVICE BE CONSIDER AS CONTUED SERVICE AT MY OLD EMPOYMENT (MoD)?

13.  If I join CCET Chandigarh, How much time is required to transfer service record , leave record from one dept to other? What if leave is required prior to leave record is not transferred to new dept?

14.  What about contribution to GPF till the time my my GPF/pension account is not transferred to new employer? Who will deduct and pay GPF contribution to old PPF account? If it is not possible for CCET to pay GPF contribution to CDA Meerut GPF account, will my old dept/CDA Meerut will allow be to pay it directly? Kindly guide.

15.  Is it possible not to pay GPF contribution for short period say for 03-06 months and then you pay for all months together the balance amount? Is it make any adverse implication on pension case in future?

Respected sir, I request you valuable guidance on the above stated queries which will help me to take decision to join new post and it will not only be helpful for my carrier but also for my family also.

Regards,

Respected Sudhir Sir,

Kindly reply to my queries which was posted  before 03/04 days.  I am in urgent need of your valuable guidance.  For ur ready reference doc file is also attached herewith. Kindly HELP. Pleeeeeez..... I am eagerly waiting for your valuable gudance. 

Regards,.

1.    Why is service rules, DA rules, allowance rules of State Govt (Panjab Govt) applicable to Union Territory which come under Home Ministry Govt of India and officer is recruited by UPSC and not the state Punilic Service Commission? Can that be challenged?

You can challange the rules (with little or no chance of success) only to enrich a lawyer and to make enmity  with entire trade unions of the UT who have prevailed upon the Govt to adopt more beneficial pattern prevent in the region..

2.    Shall I tender technical resignation with lien  as suggested by CCET and what shall ?

It is purely your choice.  If you do nto want the benefit of technical resignation then can outright resign.

3.    If I do so and in case my present dept is unable to relive my on or before 31 Dec 2014 then will Chandigarh Administration will consider my case for delayed joining (extend my joining date till I am relived from my present employer? Is any rules available to handle such cases of employee going from one dept to other dept of Govt of India?

If you have informed present govt job in the attestation form the you have to be relieved and then join.  They cannot ignore  you if you do not join by stipulated date. UPSC is not likely to entertain fresh request for advertisement if previous selectee is mechanically rejected due to petty and unreasonable manner.

4.    In case Chandigarh Administration denied me the further extension in joining, can took back my technical resignation? What is  the procedure to withdraw technical resignation? What are the implications?

What else do you think that lien is for

6.    In case, I am relieved on or before 31 Dec 2014 and joined  CCET Chandigarh, served there for say for a month  and wanted to come back to my original dept, can I come back immediately? Is there any notice prod applicable? What is the procedure and implications?

Joining higher post is transfer in public interest adn you may beentitled to joining time.

7.    In case I am relived after 31 Dec 2014 and approach CCET Chandigarh for joining after 31 Dec 2014 and CCET refused to join me, can I come back immediately and join my parent organisation as I kept lien? What about gap of relive and going for joining and come back? Can one apply for leave for the said period of absence? WHAT ARE THE IMPLICATIONS?

Ome person have problems and some imagine them.  You are not the first or last Govt employee resigning one post and joinig another.

8.    In case I join CCET  after I am relived from present employer, who will initiate and write my APAR? Will one APAR for the period of 01 Apr 14 to till Dec 14 be from my present employer and for remaining period from CCET? What if gap is there?

There can be as many part APAR as many 90 days you complete under different reporting officer whether in same or different deptt.

You are not the first or last Govt employee resigning one post and joinig another.