90,000+ Legal Questions Answered
Will I get the resignation on technical grounds so that I could get benefit of four year service in KVS?
9 months ago
Sir, I joined KVS(kendriya vidyalaya sangthatn) as govt. Teacher on 18.03.2019, before this I had participated in DSSSB exam 29.09.2018 in which I got rejected on 27.05.2019 . But after 4 years to my surprise DSSSB declared me as selected after some court judgement.
Now I want to resign from KVS on technical grounds .
Will I get the resignation on technical grounds so that I could get benefit of four year service in KVS?
A.Dear Client,
As per the Ministry of Finance Office Memo 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. 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. Being the position as stated above you may seek further clarification on the subject from the concerned Deptt before opting resignation under technical ground.
As per the Ministry of Finance Office Memo 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. 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. Being the position as stated above you may seek further clarification on the subject from the concerned Deptt before opting resignation under technical ground.
Helpful
Helpful
Share
Read Related Answers
layoff as BU is closing
Dear Client,
Apart from compliance with the statutory formalities required under the Companies Act, 2013 for the closer of the business of a company or part of it, the Company has to comply with the s...
Termination
Dear Client,
Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory p...
FnF amount not received
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
labou...
No Leave Encashment - Worked for 18 plus years in the organization
Dear Client,
Leave Encashment Rules for private companies vary according to their policies and local regulations. Each company has a unique leave encashment policy. Some may have a cap on the number o...
Salary FnF not done
Dear Client,
Your query requires more details and transparency in explaining the cause of action that attracts legal remedies. However, it may be noted that if you tender your resignation following th...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location