Rahul Verma 06 March 2024

Technical resignation and lien

I have resigned from the central government job after working for 6 years and joined PFRDA(Pension Fund Regulatory and Development Authority) - Central autonomous/statutory body 8 months ago. I have followed all procedures of technical formality (applied through proper channel, timely intimation given) during the process. My query is that "will it be considered as technical formality" because my current organisation(PFRDA) is not ready to forward my application to my parent organisation for invocation of lien clause on the ground that there is no specific DOPT OM or circular which ascertain transition from central govt to central autonomous/statutory is a technical formality. They are saying that employee transition from only central govt to central/state govt is considered as technical formality. This is not applicable for autonomous body

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 06 March 2024

Ref:

(DOPT’s O.M. No. 13/24/92-Estt(Pay-1) dated 22.01.1993)

(DOPT’s O.M. No. 18011/1/86-Estt (D) dated 28.03.1998)

The lien of a Government servant, who is not performing the duties of the post to which the lien pertains, can be transferred to another post in the same cadre subject to the provisions of Fundamental Rule 15.

(Notification No. 28020/1/96-Estt(C) dated 09.02.1998)

Besides the above circulars there are various circulars issued time and again.

You can search them and produce them before the authorities concerned with an applicaiton .

If you don't get justice then you can appraoch CAT with an application seeking intervention and remedy and relief.

Rahul Verma 06 March 2024

Thank you sir for your reply. Actually, my current organisation is arguing that there is no clarity in the line "the government servant has applied through proper channel for a post in the same or some other department". The issue is in the sentence "some other department" where they are arguing that PFRDA doesn't cover under some other department as it is a statutory body.

T. Kalaiselvan, Advocate (Advocate) 06 March 2024

If you are denied with your rights then you can appraoch CAT with an application to get your grievances redressed besides getting relief for your problems.