Technical Resignation – Highlights of consolidated instructions issued by DOPT

DoPT OM on Technical Resignation & Lien – Highlights of consolidated instructions

DoPT has issued an OM regarding Technical Resignation

TECHNICAL RESIGNATION & LIEN – CONSOLIDATED GUIDELINES.

Highlights of DoPT OM No. 28020/1/2010-Estt(C) Dated 17.08.2016

Compiled by K.V.Ramesh, Sr.JGS IRTSA.

1.    Technical Resignation:

a.    Government servant should have applied through proper channel for a post in same or some other Department.

b.    If the conditions are met, it will be taken as Technical resignation, even if it was not mentioned as Technical Resignation while applying and all admissible benefits should be extended.

c.    If  competent  authority  not  allowed  the  forwarding  of  application,  it  will  not  be  treated  as Technical resignation.

d.    Benefits are admissible even if the employee applied before joining the service and application was not routed through proper channel, provided employee should intimate such application immediately after joining the service.

2.    Balance leave credited:

a.    Balance of utilized Child Care Leave and other leaves will be carried forward.

b.    In case of permanent absorption in PSU/Autonomous Body/State Govt. employee is eligible for cash equivalent of leave salary in respect of EL & HPL at his credit subject to the limit of 300 days.

3.    LTC carry forwarded: Entitlement for LTC will be carry forward.

4.    Pay Protection: Protection of Pay will be given.

5.    If employee rejoins his previous post:

a.    In case employee rejoins his earlier post, he will be entitled for increments for the period of his absence from that post.

b.    Transfer of GPF will be governed.

c.    Seniority  in  the  post  held  by  the  employee  on  substantive basis  continues  to  be  protected.
However  the  period  spent  in  other  department  will  not  be  counted  for  minimum  qualifying service for promotion.

6.    Past service counted for Pension: Employee originally joined before 1.1.2004, joined the new post on technical resignation after 1.1.2004, his past services are counted towards pension.

7.    Transfer of NPS account: In case of NPS, the balance standing in Personal Retirement Account along with PRNA will be carried forward to new office.

8.    Service Book transfer: Service Book from the date first appointment must be kept in the custody of head office in which employee is serving and transferred with him from office to office.

9.    Medical Examination & verification:

a.    If  standard  of  medical  examination  is  same  for  the  new  post,  then  employee  need  not  to undergo fresh medical examination.

b.    No need  for  verification  of  character  &  Antecedents  of  the  employee,  if  period  of  discharging from previous post and appointment to new post is less than a year.

10. Lien will be maintained for two years normally, 3 years in exceptional cases.

11. Joining Time, Joining time pay & allowances:

a.    Central & State Govt employees are eligible for joining time, which will be included as qualifying service in new Job.

b.    During Joining Time, Eligible for pay equal to pay drawn in old post before relinquishment, DA & HRA. No Transport allowance.

c.    Entitled for Transfer Travelling Allowance.
Download DoPT OM No. 28020/1/2010-Estt.(C) dated 17.08.2016

No. 28020/1/2010-Estt.(C)

Government  of India

Ministry  of Personnel,  Public  Grievances  & Pensions

(Department of Personnel & Training)

******

North Block, New Delhi

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

 

2.2       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 Child Care Leave(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 of300 days.

2.3         Carry  forward  of LTC

Entitlement to LTC may be carried forward in case of a Central Government Servant who joins  another  post  after  having  submitted  Technical  Resignation.    In  case  of  a Government Servant who resigns within 8 years of his appointment and joins another post in the Government after Technical Resignation, the Government Servant will be treated as a fresh  recruit  for  a  period  of  8   years  from  the  date  of  his  initial  appointment  under Government.  Thus  if  a  Government  Servant joins  another  Department  after  serving  in Government for  4  years,  he  will  be  treated  as  a  fresh  recruit  for  4  years  in the  new Department.

2.4       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.II:l  (B)/65 dated the 17th June, 1965 read with proviso to FR 22-B. Thus, if the pay fixed in the new post is less than his pay in the post he holds substantively, he will draw the presumptive pay of the pay he holds substantively as defined in FR-9(24). 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, 2016. In case the Government servant rejoins his earlier posts, he will be entitled to increments for the period of his absence from that  post.

2.5     GPF transfer

Transfer of  GPF on technical resignation would be governed by  Rule  35 of the
General Provident Fund (Central Services) Rules, 1960.

2.6       Seniority

On technical resignation, seniority in the post held by the Government servant on substantive basis  continues to  be protected.  However,  in case  of  a Government  servant deciding to rejoin his substantive post, the period spent in another department which he had joined  after  submitting  his  technical resignation will not  count  for minimum qualifying service for promotion in the higher post.

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.28/30/2004-P&PW(B)
dated 26.07.2005)

2.8      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.

2.9      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 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.l8011/9(s)/78-Estt(B)  dated  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 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.

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 any  time  the  number  of persons  so entitled  is more  than  the  posts  available  in that cadre/service.

(DOPT’s  O.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-

(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.

3.3 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.

3.4      Termination  of Lien

3.4.l    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 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 was 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 Government employees and permanent/ provisionally permanent State Government employees shall be entitled 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

Technical Resignation and Lien – Consolidated Instructions

Technical Resignation – Consolidated Guidelines issued by DOPT in April 2016