No. 28020/1/2010-Estt.(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
******
North Block, New Delhi
Dated 17th August, 2016
OFFICE MEMORANDUM
Subject:
Technical Resignation & Lien- Consolidated guidelines.
The undersigned is directed to refer to this Department's OM of even number dated
the 26th December, 2013 on the above subject and to say that
guidelines/instructions regarding Technical Resignation have been issued
from time to time. It is now proposed to further consolidate these
instructions, as the Department continues to receive frequent references
on these issues.
2.1 Technical Resignation
2.1.1
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. Resignation in other
cases including where competent authority has not allowed the
Government servant to forward the application through proper channel
will not be treated as a technical resignation and benefit of past
service will not be admissible. Also, no question of benefit of a
resignation being treated as a technical resignation arises in case of
it being from a post held on ad hoc basis.
2.1.2 This benefit is
also admissible to Government servants who have applied before joining
the Government service and on that account the application was not
routed through proper channel. The benefit of past service is allowed in
such cases subject to the fulfillment of the following conditions:
(i) the Government servant should intimate the details of such application
immediately on their joining;
(ii)
the Government servant at the time of resignation should specifically
make a request, indicating that he is resigning to take up another
appointment under the Government for which he applied before joining the
Government service;
(iii) 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. (DOPT' s
0.M.No.13/24/92-Estt(Pay-1) dated 22.01.1993)
2.7
Applicability of Pension Scheme In cases where Government servants, who
had originally joined government service prior to 01.01.2004, apply for
posts in the same or other Departments and on selection they are asked
to tender technical resignation, the past services are counted towards
pension if the new post is in a pensionable establishment in terms of
Rule 26(2) of CCS(Pension) Rules 1972. They will thus continue to be
covered under the CCS(Pension) Rules, 1972 even if they join the new
post after 1.1.2004.
(Department of Pension & Pensioners Welfare's O.M.No.28/2004-P&PW(B) dated 26.07.2005)
2.8 New Pension Scheme In case of 'Technical Resignation' of Government servant covere uner National
Pension System (NPS), the balance standing to their Personal Retirement
Account (PRA) along-with their PRAN will be carried forward to the new office.
2.9 Transfer of Service Book from parent Department to present Department. As per SR- 198, the Service Book is to be maintained for a Government servant from
the date of his/her first appointment to Government service and it must
be kept in the custody of the Head of
Office in which he is serving and
transferred with him from office to office.
2.10 Need for Medical examination. In cases where a person has already been examined by a Medical Board in respect of
his previous appointment and if standard of medical examination
prescribed for the new post is the same, then he need not be required to
undergo a fresh examination.
2.11 Verification of Character & Antecedents In the case of a person who was originally employed in an office of the Central
Government, if the period intervening between date of discharge from
his previous office and the date of securing a new appointment, is less
than a year, it would be reference e sufficient to the if the appointing
authority, before making the appointment, satisfies itself by office in
which the candidate was previously employed that (a) that office that
have verified his character and antecedents; and (b) his conduct while
in the employ in office render him unsuitable for employment under
Government. If however, more than a year has lapsed after the discharge
of the person from his prev office, verification should be dated carried
out in full/afresh, in accordance with 0.M.No.18011/9(s)/78-Estt(B) 2nd
July,1982.
3.1 Lien
3.1.1 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 lien or
on the termination of the period of absence. The benefit of having 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.
3.1.2 The above right will,
however, be subject to the condition that the junior-most person in the
cadre will be liable to be reverted to the lower post/service/cadre if
at persons so entitled is more any time the number of p than the posts
available in that cadre/service.
(DOPT' s 0.M.No.18011/1/86-Estt (D) dated 28.03.1998)
3.2 Lien on a post
A Government servant who has acquired a lien on a post retains a lien on that post retains a lien on that post:
(a) while performing the duties of that post;
(b) while in foreign service, or holding a temporary post or officiating in another
post;
(c) during joining time on transfer to another post; ; unless is he is
transferred substantively to a post on lower pay, in which case his
lien is transferred to the
new post from the date on which he is relieved of his duties in the old post;
(d) while on leave; and
(e) while under suspension.
A Government servant on acquiring a lien on a post will cease to hold any lien
previously acquired on any other post.
3.3 Retention of lien for appointment in another central government office/ State
Government
(i)
A permanent Government servant appointed in another Central Government
Department/Office/ State Government, 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. An undertaking to abide by this
condition may be taken from him at the time of forwarding of his
application to other departments/offices.
(ii)
The exceptional cases may be when the Government servant is not
confirmed in the department/office where he has joined within a period
of 2 years. In such cases he may be permitted to retain the lien in the
parent department/ office for one more year. While granting such
permission, a fresh undertaking similar to the one indicated above may
be taken from the employee.
(iii)
Timely action should be taken to ensure extension/ reversion/
resignation of the employees to their parent cadres on completion of the
prescribed period of 2/3 years .In cases, where employees do not
respond to instructions, suitable action should be initiated against
them for violating the agreement/ undertaking given by them as per (i)
and (ii) above and for termination of their lien. Adequate opportunity
may, however, be given to the officer prior to such consideration.
(iv)
Temporary Government servants will be required to severe connections
with the Government in case of their selection for outside posts. No
lien will be retained in such cases.
(DOPT 0.M.No.8/4/70-Estt(C) dated 06.03.1974)
3.4 Termination of Lien
3.4.1
A Government servant's lien on a post may in no circumstances be
terminated evenwith his consent if the result will be to leave him
without a lien upon a permanent post.Unless his lien is transferred, a
Government servant holding substantively a permanent post retains lien
on that post. It will not be correct to deny a Government servant lien
to a post he was holding substantively on the plea that he had not
requested for retention of lien while submitting his Technical
Resignation, or to relieve such a Government servant with a condition on
that no lien will be retained.
3.4.2
A Government employee's lien on a post shall stand terminated on his
acquiring a lien on a permanent post (whether under the Central
Government or a State Government) outside the cadre on which he is
borne.
3.4.3 No lien shall be retained:
a.
where a Government servant has proceeded on immediate absorption basis
to a post or service outside his service/ cadre/ post in the Government
from the date of absorption; and
b.
on foreign service/ deputation beyond the maximum limit admissible
under the orders of the Government issued from time to time.
(Notification No.28020/1/96-Estt(C) dated 09.02.1998)
3.5 Transfer of Lien
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)
3.6 Joining Time, Joining Time Pay & Travelling Allowance
Provisions relating to joining time are as follows:
3.6.1
For appointment to posts under the Central Government on results of a
competition and/or interview open to Government servants and others,
Central Government employees and permanent/ provisionally permanent
State Government employees will be entitled to joining time under the
CCS(Joining Time) Rules,1979. Joining time will be included as
qualifying service in the new job.
3.6.2
A Government servant on joining time shall be regarded as on duty
during that period and shall be entitled to be paid joining time pay
equal to the pay which was drawn before relinquishment of charge in the
old post. He will also be entitled to Dearness Allowance, if any,
appropriate to the joining time pay. In addition, he can also draw
compensatory allowances like House Rent Allowance as applicable to the
old station from which he w as transferred. He shall not be allowed
Conveyance Allowance or permanent Travelling Allowance.
3.6.3
For appointments to posts under the Central Government on the basis of
results of a competition and /or interview open to Government servants
and others , Central
employees
and permanent/ provisionally permanent State Government employees shall
been titled to Transfer Travelling Allowance (TTA). However, temporary
Central Government employees with less than 3 years of regular
continuous service would not be entitled for TTA, as they are not
entitled joining time pay under Joining Time Rules.
4. All Ministries/ Departments are requested to bring the instructions/ guidelines to the notice of all concerned.
(Mukesh Chaturvedi)
Director (Estt.)
Telefax: 23093176
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