Technical Resignation and
Lien | तकनीकी
त्याग-पत्र एवं लियन सम्बन्धी नियम – समेकित दिशानिर्देश
According to
the Office Memorandum dated August 17, 2016, of the Department of Personnel and
Training, Ministry of Personnel, Public Grievances and Pensions, Government of
India, guidelines/instructions regarding technical resignation have been issued
from time to time. It is now proposed to further consolidate these
instructions as references are being received frequently in the Department on
these issues.
Contents:
Technical
Resignation and Lien | Technical Resignation and Lien Rules - Consolidated
Guidelines
2.1 Technical
Resignation
2.2 Carry
forward of leave benefits
2.3 Carry
forward of LTC
2.4
Eligibility of past service for computing minimum period for grant of pay
protection, annual increment
2.5 General
Provident Fund (GPF) Transfer
2.6 Seniority
2.7
Permissibility of Pension Scheme
2.8 New
Pension Scheme
2.9 TRANSFER
OF SERVICE BOOK FROM ORIGINAL DEPARTMENT TO PRESENT DEPARTMENT
2.10
Requirement of Medical Examination
2.11
Verification of character and antecedents
3.1. lien
3.2 Lien on a
post
3.3 Retention
of lien for appointment to any other office of the Central Government/State
Government
3.4. termination
of lien
3.4.3 No lien
shall remain
3.5 Transfer
of Lien
3.6 Joining
Time, Joining Pay and Traveling Allowance
Frequently
Asked Questions | FAQ's
2.1 Technical Resignation
2.1.1 As per Ministry of Finance's OM No. 3379-E.III(B)/65 dated
17.06.1965, resignation is treated as a technical formality when a Government
servant resigns in the same or any other department. has applied for the post
through proper channel and on selection, is required to resign from the
previous post due to administrative reasons, such resignation will be treated
as “Technical Resignation” if these conditions has been completed, even if the
Government servant has not mentioned the word "technical" while
submitting his resignation letter. The benefits of past service, if
otherwise admissible under the rules, shall be provided in such
cases. Resignation in other cases, including those where the competent
authority has not permitted the Government servant to forward the application
through proper channel, will not be treated as technical resignation and
benefits of past service will not be admissible. as well as,
2.1.2 This
benefit will also be admissible to those Government servants who had applied
before joining Government service and due to this the application could not be
sent through proper channel. In such cases of past service, the benefits
will be allowed, subject to the fulfillment of the following conditions:
(i) the
Government servant informs the details of such application immediately on
joining his duty;
(ii) the
Government servant, while tendering his resignation, makes a specific request
stating that he is resigning in order to take up another appointment under the
Government for which he had applied prior to joining the Government service;
had applied;
(iii) the authority accepting the resignation satisfies itself that had the
employee been in service on the date on which the application for the said post
was made, his application would have been forwarded through proper channel.
(DOPT's OM No. 13/24/92-Estt.(Pay-I) dated 22.01.1993)
2.2 Carry forward of leave benefits
(i)
As per Rule 9(2) of the Central Civil Services (Leave) Rules, 1972,
leave due to technical resignation shall not lapse at the credit of the
Government servant. The rest of the child care leave or child care leave
and all other similar holidays fixed and valid will be carried forward.
(ii) As per rule 39-D of the Central Civil Services
(Leave) Rules, 1972, in case of permanent absorption in PSUs/Autonomous
bodies/State Government etc., earned leave to the credit of a Government
servant. And in respect of half pay leave, which is subject to the overall
limit of 300 days, cash equivalent of leave salary will be provided.
2.3 Carry forward of LTC
The entitlement of LTC will be carried forward in the case of a Central
Government Government servant who joins another post after tendering technical
resignation. In the 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 from the date of his initial
appointment under the Government shall be deemed to have come from fresh
recruits for a period of 8 years. Thus, if a government servant joins
another department after working in the government for 4 years, he will be
treated as a fresh recruit in the new department for 4 years.
2.4 Eligibility of past
service for computing minimum period for grant of pay protection, annual increment
Protection of
pay on appointment of a Government servant to another post in the Government on
acceptance of technical resignation, vide Ministry of Finance's
O.M.No. 3379-E...(B)/65. Thus, if the pay fixed in the new post is
less than the pay in the post originally held, he shall draw the presumptive
pay of the pay in the post originally held as defined in FR-9(24). The
previous service rendered by such Government servant shall be taken into
account for the minimum period for grant of annual increment in the new
post/service/cadre in the Government under the provisions of FR 26 read with
Rule 10 of the Central Civil Services (Revised Pay) Rules, 2016. is taken into
account for the calculation. If the Government servant rejoins his former
post, he shall be entitled to increments for the period of his absence from
that post.
2.5 General Provident Fund (GPF) Transfer
Transfer of GPF on technical resignation will be governed by Rule 35 of
the General Provident Fund (Central Services) Rules, 1960.
2.6 Seniority
On technical resignation, the seniority in the post held by the Government
servant shall be preserved on substantive basis. However, in case the
Government servant decides to rejoin his original post, the period spent in the
other department joined after submitting his technical resignation shall count
towards minimum qualifying service for promotion to the higher post. will not
be done for
2.7 Permissibility of Pension Scheme
In cases where the Government servant who had originally joined Government
service prior to 01.01.2004, applies for posts in the same or other departments
and is asked to tender technical resignation on selection. the past services
are counted for pension if the new post is in a pensionable establishment as
per Rule 26(2) of the Central Civil Services (Pension) Rules, 1972. They
will, thus, continue to be covered under the Central Civil Services (Pension)
Rules, 1972 if they join the new post even after 01.01.2004.
(O.M. No. 28/30/2004-P&PW(B) dated 26.07.2005 of the Department of Pension
and Pensioners Welfare
2.8 New Pension Scheme
On technical resignation by a Government servant covered by the National
Pension System (NPS), the balance standing in his Individual Retirement
Accounts along with his Permanent Retirement Account Number (PRAN) will be
forwarded to the new office. ) will be done.
2.9 TRANSFER OF SERVICE BOOK
FROM ORIGINAL DEPARTMENT TO PRESENT DEPARTMENT
According to
Supplementary Rule SR-198, the service book of a Government servant is to be
maintained from the date of his first appointment in Government service and
should be kept in the custody of the head of the office in which he is working.
And when a Government servant is transferred from one office to another, the
service book is also transferred.
2.10 Requirement of Medical Examination
In cases where a person has already been examined by a Medical Board in
respect of his previous appointment and the standard of medical examination
prescribed for the new post is the same, he is not required to be examined
afresh.
2.11 Verification of character and antecedents
In the case of a person originally employed in an office of the Central
Government, if the period of interval between the date of his relieving from
the former office and the date of his new appointment is less than one year, it
shall be sufficient if the appointing authority , before making appointment,
satisfy itself by sending a letter to the office in which the candidate was
previously employed that the office has verified his character and
antecedents; and that his conduct at the time of employment in that office
has not rendered him unfit for employment under Government. However, if
more than one year elapses after a person has been relieved from his former
office, vide OM dated 02.07.1982, 18011/9/(S)/78-Estt(B), the verification
should be completed afresh.
3.1. lien
3.1.1 Lien is defined in the Fundamental Rules FR 9(13). It
represents the right of a Government servant, whether permanent or temporary,
to assume office immediately after the period of absence or on the expiry of
the period of absence. The benefit of lien in a post/service/cadre is
availed by all such employees who are confirmed in the post/service/cadre of
entry or have been declared to have completed the prescribed probation and have
been promoted to a higher post, It is also available to those who have been
promoted on regular basis to a higher post where no probation has been
prescribed under the rules, as the case may be.
3.1.2 The
above right shall, however, be subject to the condition that if at any point of
time the number of such eligible persons exceeds the posts available in that
cadre/service, the junior most person in the cadre shall be reverted to the
lower post/service/cadre.
(Department of Personnel and Training Office
Memorandum No. 18011/1/86-Estt.(D) dated 28.03.1998
3.2 Lien on a post
A Government servant who has obtained a lien on a post shall continue to
have a lien thereon in the event of—
(a) while discharging the duties of that post;
(b) while on foreign service, or while holding a temporary post or officiating
in any other post;
(c) during the
time of joining on transfer to another post; unless he is substantively
transferred to a post carrying a 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) during suspension.
On the obtaining of a lien on any post by a Government servant, any lien
previously obtained by him on any other post shall cease.
3.3 Retention of lien for
appointment to any other office of the Central Government/State Government
(i)
Resignation of a permanent Government servant appointed to any other
Department/Office of the Central Government/State Government if he does not
return to his parent department within a period of 2 years or in exceptional
cases within a period of 3 years Will happen. While forwarding his
application to other departments/offices, a fresh undertaking of the above
intention may be taken from him.
(ii) There may
be exceptional cases when the Government servant is not confirmed within a
period of 2 years in the Department/Office in which he has joined. In such
cases he may be allowed to retain the lien for one more year in the parent
department/office. While granting such permission, a fresh undertaking may
be taken from the employee as per the rule indicated above.
(iii) Time
bound action should be taken to ensure extension/repatriation/resignation of
employees to their parent cadre on completion of prescribed period of 2/3
years. In cases where the employees do not comply with the instructions,
action should be taken against them as per (i) and (ii) above and for breach of
agreement/oath made by them to nullify their lien. However, before any
such trial, the officer shall be given a reasonable opportunity.
(iv) In case
of selection on outstation posts, the temporary Government servants will have
to sever ties with the Government. No lien will be placed in such cases.
(Department of Personnel and Training Office Memorandum No. 8/4/70-Estt.(C)
dated 06.03.1974
3.4. termination
of lien
3.4.1 The lien
on the post of a Government servant shall not be terminated under any
circumstances, even if he has consented to the same, if it would result in the
continuance of the lien of the Government servant on the permanent
post. Refusal to grant lien to a Government servant originally posted on a
permanent post until his lien is transferred to his original post on the ground
that he had not requested to retain his lien at the time of tendering his
technical resignation, or Releasing the Government servant with the condition
that he will not have any lien will not be proper.
3.4.2 When a
Government servant obtains a lien on a permanent post in a cadre outside his
parent cadre (under the Central Government or under the State Government), his
lien on the parent post shall cease.
3.4.3 No lien
shall remain
(a) where the
Government servant has moved on immediate absorption basis to a post or service
outside his service/cadre/post in the Government, there shall be no lien from
the date of absorption, and (b) as may be prescribed by the Government from
time to
time On foreign service/deputation in excess of the maximum permissible under
the orders issued.
(Notification No. 280202/1/94-Estt.(C) dated 09.02.1998)
3.5 Transfer
of Lien
A Government
servant who is not performing the duties of the post to which his lien relates
may be transferred to another post in the same cadre subject to the provisions
of Fundamental Rule 15.
(Notification No. 280202/1/94-Estt.(C) dated 09.02.1998)
3.6 Joining
Time, Joining Pay and Traveling Allowance
The provisions
relating to joining are as follows:-
3.6.1 Employees of the Central Government and States for appointment to posts
under the Central Government on the basis of the result of a competitive
examination and/or interview open to the employees of the Central Government
and others. Permanent/Provisionally Permanent Employees of Govt.,
CCS (Joining Time) Rules, 1979 for joining time. Joining time will be
included as qualifying service in the new job.
See
also: Rules
related to resignation from government service. Rules for Resignation from
Government Service
3.6.2 A Government servant shall be treated as on-duty during the period
at the time of joining and shall be entitled to joining pay equal to the pay
drawn before relinquishing charge of the old post. He will also be
entitled to dearness allowance, if any, as at the time of joining. Apart
from this, he can also draw counter supplementary allowances like house rent
allowance applicable at his old station from where he is transferred, he will
not be given conveyance allowance or temporary traveling allowance.
3.6.3 Transfer
Traveling Allowance (TTA) to Central Government employees and
permanent/provisionally permanent State Government employees for appointment to
posts under the Central Government on the basis of the result of any
competition and/or interview admissible to Government employees and others. )
will be eligible. However, temporary Central Government employees with
less than 3 years of regular continuous service will not be eligible for TTA as
they are not entitled to Joining Pay under Joining Time Rules.
4. All Ministries/Departments are requested to bring these
instructions/guidelines to the notice of all concerned.
For complete
information, you can get a copy of the said rule from the link given below.
