Technical Resignation and Lien

 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.