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  • Refusing Technical Resignation

    Facing a problem with joining an autonomous body of government of India? Wondering if one organization can refuse a technical resignation? You can check out the responses from our experts here.

    If a Govt employee joins another job after resigning from the current govt job before the completion of probation period, can he get technical resignation/ benefit of past service and pay protection?
    the applicant had applied for the new job through proper channel of his old organisation
  • Answers

    5 Answers found.
  • The facility of technical resignation is a great facility in the Govt sector as there are many benefits like carry forward of leaves, retaining the seniority, medical and LTC facilities, past service benefit etc under this mode of resignation. Unfortunately for the employees under probation period the facility of technical resignation does not exist as employees are falling under the service contract which says that during the probation period the employee can resign or the organisation could dismiss him whatever the case may be. So the administration would not accept the resignation during probation as a technical resignation.
    You can simply resign from the present position and join in the new one and only thing is that you would not be benefited by the earlier service in the Govt.
    The department where you are joining after resigning in the present one would consider you as a new employee only and treat you accordingly. Your past services during probation period in the earlier organisation would not be of any use there. So based on this you have to review your decision of leaving the present department for the new job in the new department.

    Knowledge is power.

  • Thank you for your answer.
    Can you please post any link of any government order/ notification where it's written that Technical resignation won't be available during probation period?
    Also, as per the compiled guidelines of DOPT regarding technical resignation, it is mentioned that even if a government servant applied for a job before joining service of another department, he will be eligible for technical resignation provided he informs the employer that he has applied for another job immediately after joining. This seem to suggest that technical resignation may be accepted during probation period. It seems that only Lien facility is not available during probation period.
    Secondly, if technical resignation / benefits of past service isn't available, there seems to be no point at all for applying through proper channel / taking NOC.

    Please give your learned opinion regarding the matter.


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  • When you have joined in the present job, they might have given you an appointment letter. In that letter, all the rules and regulations that are applicable to your job will be stated clearly. Sometimes they mention a linked document in which they will mention the rules and regulations. All those rules will be applicable.
    Actually for the employees who are yet to complete their probation may not be given the experience certificate and service will not be considered. So it is of no use. The new employer will consider you as a fresh employee only. There is no way you can fight with them. You have to compare the present job and new job and then decide which is good for you.

    always confident

  • It is always better to go through the rules and regulations indicated in your appointment letter. You will have to abide by the standing rules of the company. In fact, it is the general trend of the company not to offer any benefits of such employees who were under probation in the past company interested to join another company.
    Please have a look into the standing order of the past company since all these regulations are applicable in your case. It is altogether a different matter that you intimated your past employer regarding your switch over of your job and you even secured NOC.
    Probation Period has never been your experience of your job but is a part of surveillance of your past company of your compliance of their standing rules.
    The only alternative left in your case is to submit resignation in the event that you want to join the fresh one. If you had signed any bond of the company, the due amount is to be paid from your end.

  • There seems to be a little confusion. Technical resignation can be with lien or without lien.
    Lien is a facility where you can join new department and within one year , if you wish to return back to your old job in old department, you can do so, by resigning from the new job. The position in your old job will not be filled by any new candidate (it can be temporarily filled with contractual persons) during lien time, giving you the opportunity to come back within one year, if you wish so. Sometimes, lien can be of two years also in special circumstances. The right of lien is available for only permanent employees after confirmation.

    However, there can be technical resignation without lien also. Here, after you give technical resignation to join new department , you will not have right to come back to your old job, and your vacant post may be filled up with other candidates permanently. There is no conditionality for confirmation or completion of probation period in this case for technical resignation if lien is not claimed. That's why, in the master circulation, it is clearly written, that even if an employee has applied elsewhere before joining his job, he may give technical resignation, if he had informed of such application while joining(Point number 2). Here he can avail, benefits of past service like pay protection, leave transfer etc , with the only exception that lien will not be available. Here, the condition being, the original application must have been forwarded through proper channel from old employer (Or, the application must be informed if applied before joining job at old employer).


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