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  • Category: Indian Law

    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.

    I had applied for a job in the same post in one autonomous body while I was working in another autonomous body, both under the Government of India.
    I had taken NOC from my previous employer while applying for the new job.
    However, the previous employer didn't accept my resignation from previous job as "Technical resignation" citing the reason that I was in probation period and yet to be confirmed. So, technical resignation won't apply to me.
    The new employer is refusing pay protection and benefits of past service, since the resignation at old employer wasn't mentioned as "technical resignation".

    My question is..
    1. Is my old employer correct that 'technical resignation' cannot be granted during probation period, even if I had applied through proper channel and taken NOC from the employer while applying for the new job?
    2. Is the new employer correct that just because the previous employer didn't mention "technical resignation", I won't get the benefit of past service / pay protection.

    Please note that both the employers are autonomous organizations under the Government of India.
  • Answers

    4 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.

    Lien-DraftKdaDv-1-1.PDF

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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.

    drrao
    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.


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