• Technical resignation

Dear Sirs,

I am in central government institute service and had taken NOC from present employer for applying in another central govt institute, although I posted the application myself with the NOC attached. I am in probation currently. In case of my selection, am I eligible for technical resignation and pay protection?

Regards
Asked 5 years ago in Labour

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17 Answers

If you have given proper resignation and apply to another central organisations plus provided same reason in the resignation  application. If you got selected in the New Central govt dept then you will eligible for all benefits of your previous job. Only condition here is to apply through proper channel that resignation and new application in another department then it will be called as technical resignation otherwise it will called ad hoc basis.

 

For you current position is on probation period and none of increment pay scale is applicable .

 

Pay Protection, eligibility of past service for reckoning of the minimum period for grant of annual Increment.

If the pay fixed in the new post is less than your pay in the new most , then you will draw the presumptive pay of the post you holds substantively as defined in FR-9(24).

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You need to check with your HRD for proper channel application that process may be different or same like NOC. Kindly check this.

 

Proper channel means both the department are aware of your current position and new application post. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Please approach HR Department and Co-ordinate with them politely. It can be done internally. No hard rules. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

the Government servant at the time of resignation should specifically make a request, indicating that he is resigning to take up another appointment under Government/ Government organisation for which he applied before joining the Government service and that his resignation may be treated a 'technical resignation' ...

2) 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,

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Technical resignation is not possible during probation period.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

If  competent  authority  not  allowed  the  forwarding  of  application,  it  will  not  be  treated  as Technical resignation.

d.    Benefits are admissible even if the employee applied before joining the service and application was not routed through proper channel, provided employee should intimate such application immediately after joining the service.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes you are eligible for both

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Sir,

While applying through proper channel, the employer forwards the application to the concerned authority which did not happen in your case. However, you may submit the technical resignation citing the reason of NOC whenever required. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You are eligible for the benefits under technical resignation.

You may have to tender the resignation stating it as technical resignation .

It will be easy for you to get technical resignation since the employer has already given you NOC for joining another department 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Since you have been issued with the NOC, it clearly indicates that you have obtained permission from your current employer to apply for a different post in a different establishment.

The NOC given to you is more than enough even though you have applied for the desirous post directly and not through proper channel.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

TR benefit not available during probation period whoever provide NOC, dose not matter. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- As per rule, Pay protection is a way of safeguarding the pay. and conditions of service of employees whose pay is adversely affected by organizational change , it means to allow the individual to find another post at their original pay band or to adjust to the lower salary within the protection period.

- Further, when a government servant applies for in the same or another department through proper channel and on selection he is asked to resign the previous post for administrative reasons the resignation is called technical resignation.

- Further , Protection of pay drawn in Pay Band against the post held in the previous organization shall be admissible only to such direct recruits who had applied through proper channel for appointment to the post in this department after tendering technical resignation and were holding a post in the previous organization either with same or lower grade pay

- Since you have applied after getting NOC through proper channel , then it will considered as technical resignation , and you are entitled for pay protection. 

- Further , as the said NOC was issued by the present employer , then even you sent the application and not through the employer , will not effect your eligibility. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Yes, it is.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Technical resignations are not possible within a year of joining the post since the probation is incomplete. You may be required to submit a regular resignation.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes as you had obtained a noc you had given a technical resignation you are entitled to pay protection.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You should have applied through the proper channel. Anyways this is a technicality and cannot be a ground for rejection of your candidacy. Give a technical resignation. For that there must be rules.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes NOC  will be considered as application through proper channel 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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