To re-join in PSU
9 months ago
I worked as senior tech. in CPSE, which is wholly owned by government of India. I resigned in 05-12-2022 through proper channel and joined statutory organization on 29-12-2022. I forwarded an application in my past organization to re-join on 26 jan 2023 on the basis of Lien Period facility which is of 2 years. But they refuse to consider my application of re-joining. Please guide me what to do for re-join the past organization with same seniority, if it is possible.
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 channels 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 channels will not be treated as a technical resignation and the 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 for resignation under technical grounds.
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 channels 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 channels will not be treated as a technical resignation and the 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 for resignation under technical grounds.
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A.Dear client,
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 is he is transferred
substantively to a post on lower pay, in which case his lien is transferred 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.
However, as you have resigned you may not have lien
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 is he is transferred
substantively to a post on lower pay, in which case his lien is transferred 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.
However, as you have resigned you may not have lien
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