Master Circular on Lien! Technical resignation in Central Services
TECHNICAL RESIGNATION
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 from 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:-
a. the Government servant should intimate the details of such application
immediately on her joining;
b. the Government servant at the time of resignation should specifically
make a request, indicating that she is resigning to take up another
appointment under Government for which she had applied before joining
the Government service;
c. 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, her application would have been forwarded
through proper channel.
Carry forward of Leave benefits
3 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.
4 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.
Carry forward of LTC
5. 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 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. 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.
Pay Protection, eligibility of past service for reckoning of the minimum period
for grant of Annual Increment
6. 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 17th June, 1965
read with provisions of 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 post 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 re-joins his earlier posts, he will be entitled to increments for the
period of his absence from the post.
7. GPF transfer
Transfer of GPF on technical resignation would be governed by Rule 35 of the
General Provident Fund (Central Services) Rules, 1960.
8. 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 the another
Department which he had joined after submitting his technical resignation will not
count for minimum qualifying service for promotion in the higher post.
9. 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 01.01.2004.
10. 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.
11. 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.
12. 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.
13. Verification of Character & Antecedent
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.
LIEN
14. 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.
15. 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.
16. 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.
17. 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 sever connections with the
Government in case of their selection for outside posts. No lien will be retained
in such cases.
18. Termination of Lien
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.
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.
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.
19. 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.
20. Joining Time, Joining Time Pay &Travelling Allowance
Provisions relating to joining time are as follows:
20.1 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.
20.2 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.
20.3 For appointments to posts under the Central Government on the basis of
results of a competition and br 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
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