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Technical Resignation and Lien – Consolidated guidelines

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

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

2.8 New Pension Scheme
In case of ‘Technical Resignation’ of Government servant covere uner 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 reference e sufficient to the if the appointing authority, before making the appointment, satisfies itself by office in which the candidate was previously employed that (a) that office that have verified his character and antecedents; and (b) his conduct while in the employ in office render him unsuitable for employment under Government. If however, more than a year has lapsed after the discharge of the person from his prev office, verification should be dated carried out in full/afresh, in accordance with 0.M.No.18011/9(s)/78-Estt(B) 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 lien or on the termination of the period of absence. The benefit of having 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 persons so entitled is more any time the number of p than the posts available in that cadre/service.

(DOPT’ s 0.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 retains a lien on that post:

(a) while performing the duties of that post;
(b) while in foreign service, or holding a temporary post or officiating in another
post;
(c) during joining time on transfer to another post; ; unless is 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.

(DOPT 0.M.No.8/4/70-Estt(C) dated 06.03.1974)

3.4 Termination of Lien
3.4.1 A Government servant’s lien on a post may in no circumstances be terminated evenwith 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 w as 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
employees and permanent/ provisionally permanent State Government employees shall been titled 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
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/28020_1_2010-Estt.C-17082016B.pdf

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