• Technical resignation

Sir, i am working in. Military Engineer Services as Junior Engineer (Civil) since 14 may 2013. And i had applied for junior engineer post in DDA in year 2016. For that i had obtained a valid NOC from the MES on 24 oct 2017. Now i am selected in DDA through written examination ( no interview). And i am asking for techincal resignation. But Military Engineer Service authorities are not accepting my technical resignation stating that i am moving from central govt department to central autonomous body. They are saying technical resignation is valid only when you are moving from one central government office to another. Are they right? If they are right then what can i do for my earning leave left in Military Engineer Services ( about 70 days). What about my NPS? Can i still transfer my NPS account to DDA? And if Military Engineer Services authorities are wrong then what should i do for technical resignation?
Asked 7 years ago in Labour

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7 Answers

hello

      if the MES have given this to you in writing, then you should present it to the office of the  DDA for further action. all the leave and the other funds would be transferred to you and maybe your seniority would also be secured. therefore proceed accordingly.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) 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.

 

2) 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.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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. 

DDA even if an autonomous body is surely an arm of the Central Government and hence will be eligible for technical resignation.

Irrespective of the fate of your resignation your money for 70 days of service can not be forfeited and you can surely get it back in case of their denial through Armed Forces Tribunal.

 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Yiu first seek the said information through RTI from them and if they are not supporting go for writ petition

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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.

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 & admissible will be carried
forward.

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.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

As per norms if the technical resignation is accepted then past service benefit has to be given to the employees with other benefits so MES is right because this is only possible then you have applied through proper channel and going to the same govt. services.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear Cleint,

Such approach is not right.

 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 & HPL at his credit subject to overall limit of 300 days.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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