You need to approach high court in writ petition as the said facility of technical resignation is available in all government jobs
Mobility from Central Govt to Statutory Autonomous Body
I worked as Central Govt servant for 8 yrs. Then i got selected through a direct recruitment Exam for a post higher than my previous in a Statutory Autonomous Body (Prasar Bharti). My central govt office had given NOC for that. When i gave my technical resignation they treated it as resignation saying that "Prasar Bharti is a Statutory body established under the Prasar Bharti broadcasting Corporation of India Act 1990 so there is no provision for technical resignation and i have to resign from post held in central govt." For this reason i m suffering a great loss as it was treated as straight resignation and all benefit of my past 8 yrs service has been forfeiture. 1) What is the provision of technical resignation, pay protection and benefit of previous service if a central Govt Servant selected through a direct recruitment and joins a Statutory Autonomous Body? please code rule if any . 2) prasar bharti had not asked to apply through proper channel but it had asked NOC from my office.
Asked 6 years ago in Labour
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7 Answers
In case of any direct recruitment past service benefits are not taken into consideration. Everything start afresh.
An ordinary resignation from the service or post forfeits entire past service, but if the resignation is technical it does not result in forfeiture of past service.
Prasar bharti is establishment by Central Government notification, how can benefit of TR shall be denied.
In case of permanent absorption in PSU/Autonomous Body/State Govt. employee is eligible for cash equivalent of leave salary in respect of EL & HPL at his credit.
i Have read all the answers. Before posing question i researched a lot about subject. i know a simple resignation forfeits all previous service, i know in direct recruitment everything starts afresh.. and it is not the case of permanent absorption. my question is Prasar Bharti has not accepted my technical resignation and treated it as simple resignation. i worked for 8 yrs in central govt and my previous office is not giving any benefit like gratuity, EL etc. coz prasar bharti treated it as resignation... i resigned to join a new post in prasar bharti.. why my technical resignation has been treated as resignation. plz give elaborate answers awith coding rule nuber
Asked 6 years ago
There is a breach of the policy in the said case. You will get redressal in HC
DOPT memorandum No. No. 28020/2/2018-Estt.(C) dated 27 Aug 2018 refers:
APPOINTMENT OF CENTRAL GOVERNMENT SERVANTS IN CENTRAL PUBLIC
ENTERPRISE ON IMMEDIATE ABSORPTION BASIS
Regarding granting terminal benefits to the Government servants going over to the
Public enterprises on immediate absorption basis, the following terms and conditions
may be referred:-
21. Release of the Government servants for appointment in the enterprises
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.
22. Retention of lien/quasi-permanent status: -
No lien/quasi-permanent status of the Government servant concerned will to
retained in his parent cadre. All his connections with the Government will be severed
on his release for appointment in an enterprise and he will not be allowed to revert to
his parent cadre.
23. Pay fixation:-
A Government servant selected for a post in a Central Public Enterprise will be
free to negotiate his emoluments with the enterprise. On appointment to a post in a
public sector enterprise on immediate absorption basis, a Government servant will be
at par with other employees of the enterprise and will be governed by the rules of the
enterprise in all respects.
Master Circular on Lien! Technical resignation in Central Services
TECHNICAL RESIGNATION
1. 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. Also, no question of benefit of a
resignation being treated as a technical resignation arises in case of it being from a
post held on ad hoc basis.
You may make a representation to the competent authority based on the above circular.
Did you get a reply in his regard in writing from the prasar bharati?
If so, hat was the general clause or rule quoted by them rejecting your request to consider your resignation as technical resignation?
If you have not got anything in writing then you may give a representation in writing and seek for their rejection with reasons in writing so that you can take it up through CAT for relief and remedy.