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.
DoPT
consolidated guidelines/ instructions regarding Technical Resignation –
Counting of past service towards pension, Carry forward of Leave
benefits, Carry forward of LTC, Pay Protection, GPF transfer, transfer
of existing NPS account etc are some of the benefits of technical
resignation
No.28020/1/2010-Estt.(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated the & 8th April , 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 and clarify the related issues as the Department
continues to receive frequent references on these issues.
2.
Before these clarifications in the draft O.M are finalized, it is
requested to furnish comments/views in this regard, if any, by
22.04.2016 to the undersigned at the e-mail address: dse@nic.in.
Director (Estt.)
Telefax: 23093176
Download DoPT OM No.28020/1/2010-Estt.(C) dated 08.04.2016
No.28020/1/2010-Estt.(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated the April, 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 and clarify the related issues
as the Department continues to receive frequent references on these
issues.
2. Technical Resignation
1. As
per the Ministry of Finance OM No.33 79-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. 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 Government/ Government organisation 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.
2.1 Carry forward of Leave benefits
(i)
In terms of Rule 9(2) of the CCS (Leave) Rules, 1972, technical
resignation shall not result in the lapse of leave to the credit of the
Government servant. The balance of unutilised CCL as well as all other
leaves of the kind due & admissible will be carried forward.
(ii)
As per rule 39-D of the CCS(Leave) Rules, 1972, in case of
permanent absorption in PSUs/ Autonomous Bodies/ State Government etc.,
the Government servant shall be granted cash equivalent of leave salary
in respect of EL & HPL at his credit subject to overall limit of
300 days.
2.2 Carry forward of LTC
Entitlement
to L TC may be carried forward in case of a Central Government Servant
who joins another post after having submitted Technical Resignation.
In case of a Govt Servant who resigns within 8 years of his
appointment and joins another post in the Government after
Technical Resignation, Govt Servant will be treated as a fresh recruit
for a period of 8 years from the date of his initial appointment under
Government.
2.3 Pay Protection, eligibility of past service for reckoning of the minimum period for grant of Annual Increment
In
cases of appointment of a Government servant to another post in
Government on acceptance of technical resignation, the protection of pay
is given in terms of the Ministry of Finance OM No. 3379-E.III (B)/65
dated the I J1h June, 1965 read with provisions of FR 22- B. Past
service rendered by such a Government servant is taken into account for
reckoning of the minimum period for grant of annual increment in the new
post/ service/ cadre in Government under the provisions of FR 26 read
with Rule 10 of CCS (RP) Rules, 2008. Pay of the substantive post held
by the Government servant is protected. After Sixth Pay Commission,
only the pay in the pay band is protected and the employee gets the
grade pay of the post to which he is appointed after his resignation.
2.4 GPF transfer
Transfer
of GPF on technical resignation would be governed by Rule 35 of the
General Provident Fund (Central Services) Rules, 1960.
2.5 Seniority
The
tenure of periods spent in the past service does not get included in
determining the eligibility for the next promotion. In case of employees
who retain a lien on submitting Technical Resignation, in the event of
their reversion to their previous job, the period spent in the new job
would not be counted for calculation of minimum qualifying
service for promotion in their previous job. The individual will
however in case of his reversion to parent organisation regain his
seniority with effect from the date of his reversion .
2.6 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.
2.7 New Pension Scheme
In
case of ‘Technical Resignation ‘of Government servant
covered under 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”.
2.8 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.
2.9 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.
2.10 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 sufficient if the appointing authority,
before making the appointment, satisfies itself by a reference to the
office in which the candidate was previously employed that, (a) that
office have verified his character and antecedents; and (b) his conduct
while in the employ in that office did not render him unsuitable for
employment under Government. If however, more than a year has lapsed
after the discharge of the person from his previous office, verification
should be carried out in full/afresh, in accordance with
O.M.No.18011/9(s)/78-Estt(B) dated 2″d July,1982.
3 Lien
(i)
Lien represents the right of a Government employee to hold a regular
post, whether permanent or temporary, either immediately or on the
termination of the period of absence. The benefit of having a lien in 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.
(ii) 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 any
time the number of persons so entitled is more than the
posts available in that cadre/service. For example, if a
person who holds a lien to a post reverts from deputation or foreign
service and if there is no vacancy in that post/service/cadre to
accommodate him, the junior-most person will be reverted. If,
however, this officer himself is the junior-most, he will be reverted to
the next lower post/service/cadre from which he was earlier promoted.
3.1 Lien on a post
A Government servant who has acquired a lien on a post retains a lien on that post-
(a) while performing the duties of that post;
(b) while on foreign service, or holding a temporary post or officiating in another post;
(c)
during joining time on transfer to another post; unless
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.
3.2 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 (3) and (4) 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.
3.3 Termination Of Lien
(i)
A Government servant’s lien on a post may in no circumstances be
terminated even with 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 that no lien will be retained.
(ii) 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.
(iii) 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.
3.4 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.
4 Joining Time, Joining Time Pay &Travelling Allowance
Provisions relating to joining time are as follows:
(i)
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.
(ii) 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
was transferred. He shall not be allowed Conveyance Allowance or
permanent Transfer.
(iii) 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 Government
employees and permanent/ provisionally permanent State
Government employees shall be entitled to Transfer Travelling
Allowance (TT A). However, temporary Central Government employees
with less than 3 years of regular continuous service would not be
entitled for TT A, as they are not entitled joining time pay under
Joining Time Rules.
5 All Ministries/ Departments are requested to bring the instructions/ guidelines to the notice of all concerned.
(Mukesh Chaturvedi)
Director (Estt.)
Telefax: 23093176
