Technical Resignation & Lien- Consolidated guidelines.

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