Joining the services of central government
8 months ago
I am working with Govt. of Bihar as an assistant professor. Recently I had applied for the post of associate professor in a central university. Due to shortage of available time I was not able to submit the form through proper channel and I got selected to the post of associate professor. However my present employer is not cooperating me in providing required documents. I am ready to resign from the services of my existing govt. employer but the central govt employer is asking for the documents including annual assessment report, vigilance certificate. What should I do in this case. Please guide
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 channel 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 failing which you may escalate the matter before the Administrative Tribunal for appropriate relief in the matter.
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 channel 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 failing which you may escalate the matter before the Administrative Tribunal for appropriate relief in the matter.
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