rejoining in psu after resignation
4 weeks ago
I resigned from IOCL on personal family reasons through proper channel and decided to rejoin in same organisation,is it possible to rejoin in IOCL PSU now upon apology letter ?
A.Dear Client,
According to the law, once an employee's resignation is accepted, they typically cannot rejoin the same job, as the relationship between the employee and employer is terminated. However, there are exceptions outlined by the Ministry of Finance and the Department of Personnel and Training (DOPT):
1. Technical Resignation: If an employee resigns to take up another position within the government, their resignation may be treated as a "technical resignation." In such cases, the employee may be entitled to benefits like past service, provided certain conditions are met.
2. Conditions for Technical Resignation: These conditions include immediate intimation of the new application, a specific request indicating the intention to join another government position, and satisfaction by the authority accepting the resignation that the employee's application for the new position would have been forwarded through proper channels had they still been in service.
3. Lien on Post: A government servant acquiring a lien on a post will cease to hold any previously acquired lien on another post.
4. Resignation for Joining Another Government Department: A permanent government servant appointed in another central government department/office/state government typically has to resign from their parent department unless they revert within a specified period (usually 2-3 years).
5. Seeking Clarification: For further clarification on these matters, it is advisable to reach out to the concerned department (DOPT) for guidance to ensure compliance with relevant regulations.
Understanding these guidelines can help navigate the process appropriately when considering resigning to join another government position.
According to the law, once an employee's resignation is accepted, they typically cannot rejoin the same job, as the relationship between the employee and employer is terminated. However, there are exceptions outlined by the Ministry of Finance and the Department of Personnel and Training (DOPT):
1. Technical Resignation: If an employee resigns to take up another position within the government, their resignation may be treated as a "technical resignation." In such cases, the employee may be entitled to benefits like past service, provided certain conditions are met.
2. Conditions for Technical Resignation: These conditions include immediate intimation of the new application, a specific request indicating the intention to join another government position, and satisfaction by the authority accepting the resignation that the employee's application for the new position would have been forwarded through proper channels had they still been in service.
3. Lien on Post: A government servant acquiring a lien on a post will cease to hold any previously acquired lien on another post.
4. Resignation for Joining Another Government Department: A permanent government servant appointed in another central government department/office/state government typically has to resign from their parent department unless they revert within a specified period (usually 2-3 years).
5. Seeking Clarification: For further clarification on these matters, it is advisable to reach out to the concerned department (DOPT) for guidance to ensure compliance with relevant regulations.
Understanding these guidelines can help navigate the process appropriately when considering resigning to join another government position.
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A.Dear Client,
As per law, an employee cannot rejoin the same job, once the resignation is accepted, because when the resignation is accepted, then there is no relation between the employee and employer. 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. As per DOPT's OM dated 24/11/2022, a Government servant acquiring a lien on a post will cease to hold any lien previously acquired on any other post. 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. An undertaking to abide by this condition may be taken from him at the time of forwarding of his application to other departments/offices. Being the position as stated above you may seek further clarification on the subject from the concerned DepttDOPT) to navigate the matter in the right way.
As per law, an employee cannot rejoin the same job, once the resignation is accepted, because when the resignation is accepted, then there is no relation between the employee and employer. 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. As per DOPT's OM dated 24/11/2022, a Government servant acquiring a lien on a post will cease to hold any lien previously acquired on any other post. 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. An undertaking to abide by this condition may be taken from him at the time of forwarding of his application to other departments/offices. Being the position as stated above you may seek further clarification on the subject from the concerned DepttDOPT) to navigate the matter in the right way.
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