DoPT: Guidelines regarding technical resignation and lien in Central Services

DoPT: Guidelines regarding technical resignation and lien in Central Services

Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
North Block, New Delhi

No.28020/2/2018-Estt.(C)

Dated: 27th August, 2018

OFFICE MEMORANDUM


Subject: Master Circular on Technical resignation and lien in Central Services-reg.


The undersigned is directed to refer to this Departments OM No.28020/1/2010 dated 17.08.16 on the above subject and to say that guidelines/instructions regarding lien/technical resignation have been issued from time to time. It is now proposed to further consolidate these instructions to provide clarity and ease of reference.

2. Before the Master Circular is finalized, it is requested to furnish comments/views in this regard, if any, by 10.9.2018 to the undersigned at the e-mail address: [email protected]

(Surya Narayan Jha)
Under secretary to the Government of India
Telefax: 23094248
******
No. 28020/3/2018-Estt.(C) 
Government of India 
Ministry of Personnel, PG and Pensions 
Department of Personnel & Training 
North Block, New Delhi 
Dated:            , 2018 
OFFICE MEMORANDUM 

Subject: Master Circular on Technical resignation and Lien in Central Services-reg. 

The undersigned is directed to refer to this Department’s O.M No. 28020/ 1/2010-Estt(C) dated 17.08.16 wherein consolidated instructions on Lien / Technical resignation were issued. 
2. It has been decided to consolidate the instructions/guidelines in relation to on Lien/ Technical resignation as a Master Circular to provide clarity and ease of reference. The consolidated guidelines issued vide O.M. dated 17.08.16 has been suitably updated as on date and the same is enclosed. The list of O.Ms issued till date is at Appendix. 
(N. Sriraman) 
Director (Establishment) 
Telefax: 23094637 


______________________________________________________________________
 
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 fulfilment 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 85 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 85 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.
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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 85 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.
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.
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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 tit-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,l979. 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 / 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 (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.
APPOINTMENT OF CENTRAL GOVERNMENT SERVANTS IN CENTRAL PUBLIC ENTERPRISE
ON IMMEDIATE ABSORPOTION BASIS
Regarding granting terminal benefits to the Government servants going over
to the Public enterprises on immediate absorption basis, the following
terms and conditions may be referred:-
21. Release of the Government servants for appointment in the
enterprises
A Government servant who has been selected for a post in a Central Public
Enterprise may be released only after obtaining and accepting his
resignation from the Government service.
22. Retention of lien / quasi-permanent status:
No lien / quasi-permanent status of the Government servant concerned will
to retained in his parent cadre. All his connections with the Government
will be severed on his release for appointment in an enterprise and he will
not be allowed to revert to his parent cadre.
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23. Pay fixation:-
A Government servant selected for a post in a Central Public Enterprise
will be free to negotiate his emoluments with the enterprise. On
appointment to a post in a public sector enterprise on immediate absorption
basis, a Government servant will be at par with other employees of the
enterprise and will be governed by the rules of the enterprise in all
respects.
24. Pension benefits:-
i. Resignation from Government service with a view to secure employment in
a Central public enterprise with proper permission will not entail
forfeiture of the service for the purpose of retirement/ terminal benefits.
In such cases, the Government servant concerned shall be deemed to have
retired from service from the date of such resignation and shall be
eligible to receive all retirement/ terminal benefits as admissible under
the relevant rules applicable to him in his parent organization.
ii. The officer eligible for pension should exercise an option within 6
months of the date of his resignation for either of the following two
alternatives:-
a. Pro-rata monthly pension and death-cum-retirement gratuity admissible
under the relevant rules.
b. Pro-rata gratuity and a lump sum amount in lieu of pension worked out
with reference to the commutation tables applicable on the date of
resignation.
NOTE: Where no option is exercised within the prescribed time limit, the
officer will be governed by alternative (a) above. Option once exercised
shall be treated as final.
iii) Any further liberalization of pension rules decided upon by Government
after the date of resignation of a Central Government servant to join the
public enterprise will not be extended to him.
iv) A Government servant who opts for pro-rata monthly pension on his
resignation from Government service will not be entitled to relief on
pension during his service in the public enterprise.
25. Leave:
A Government servant taking up an appointment in a Central public
enterprise will be entitled to encashment of earned leave to his credit at
the time of acceptance of his resignation from Government service, subject
to a limit of 180 days. Half pay leave will stand forfeited.
26. Family pension:
If there is no family pension scheme in a public enterprise, or if the
officer does not become eligible to join family pension scheme in the
enterprise, the family pension as admissible under the Central Government
will be allowed to him.
26.2. For the purpose of these instructions immediate absorption means
acceptance of resignation of an officer from Government service to enable
him to take up an appointment in a Central public enterprise, for which he
had applied with proper permission.
26.3. Since the terminal benefits mentioned above are admissible only to
those officers who leave Government service to secure employment in the
enterprise, with proper permission, a case of grant of these benefits may
be processed only after ascertaining from the enterprise concerned that the
officer has actually joined them.
26.4. The stipulation of ‘immediate absorption’ will apply to all
appointments of Central Government servants in the Central public
enterprises, irrespective of the level of appointment, the mode of
recruitment, and whether an appointment is in public interest or otherwise,
but subject to the exceptions made in the OM dated 63.1985 referred to
above.
26.5. For the purpose of these orders, a Central public enterprise is an
undertaking wholly or substantially owned by the Government of India, and
which is accepted as such by the bureau of Public Enterprises.
26.6. The terminal benefits etc. enumerated in para 1 above will be
admissible to all Central Government servants, who secure appointments in
Central public enterprises with proper permission. A Government servant
selected for appointment in an enterprise on the basis of an application
submitted by him before joining the Government service will be deemed to
have applied with proper permission for the purpose of these orders.
26.7. All existing instructions on the subject Will stand amended/
superseded to the extent indicated in the preceding paragraphs. Formal
amendments in the statutory rules, where considered necessary, will be
carried out in due course.
26.8. All cases of grant of pensionary benefits etc. to Government
servants, who are appointed in the Central public sector enterprises on
immediate absorption basis, shall be decided by the administrative
Ministries / Cadre Controlling Authorities/Authorities competent to accept
resignation of a Government servant in accordance with provisions of this
OM All other cases not covered under the provisions of this OM or which
require relaxation of any provision should continue to be referred to the
Bureau of Public Enterprises with necessary service particulars. Cases of
doubtful nature also should continue to be referred to the Bureau of Public
Enterprises.

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[http://documents.doptcirculars.nic.in/D2/D02est/Lien%20DraftKdaDv.PDF]

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