Technical Resignation and Lien

What are the conditions under which a resignation is considered a technical resignation as per the DOPT's OM dated 24th Nov 2022?

According to the DOPT's OM dated 24th Nov 2022, a resignation is treated as a technical formality under the following conditions:

• 1. The employee has applied through the proper channel for a post in the same or another department, and on selection, is required to resign from their previous post for administrative reasons.

• 2. These conditions must be fulfilled even if the employee did not explicitly state the term "Technical" in their resignation.

• 3. The benefits of past service, if otherwise permissible by the rules, may be awarded in such cases.

• 4. If the employee applied for the post before joining the service and their application was not routed through the proper channel, they are still eligible for this benefit, provided they fulfill the following conditions:

  a. They should intimate the details of such application immediately on their joining.

  b. At the time of resignation, they should request that they are resigning to join another government post that they had applied for prior to joining the government

  service.

  c. The authority accepting the resignation should be satisfied that if the employee had been in service on the date of the application for the mentioned post, their application would have been forwarded through the proper channel.

However, the resignation does not count as technical resignation if the competent authority has not allowed the employee to forward the application through the proper channel, or if it is a resignation from a post held on an ad hoc basis.

Explain the concept of Lien and its applicability to government employees.

"Lien" is defined as the right of a Government employee to hold a regular post, whether permanent or temporary, immediately or on the termination of a period of absence.

The benefits of having a lien in a post/service/cadre are enjoyed by all employees who are confirmed in the post/service/cadre of entry or who have been promoted to a higher post, declared as having completed the probation where it is prescribed. It is also available to those who have been promoted on a regular basis to a higher post where no probation is prescribed under the rules.

If a government employee has a "lien" (a right or claim) on a particular post, they will keep that right on the post in the following situations:

(a) While they are actually working and performing the duties of that post.

(b) When they are sent on foreign service, or when they are temporarily assigned to another post, or when they are acting or filling in for another post.

(c) During the period when they are transferring to another post, they will retain their lien unless they are transferred to a post with lower pay. In that case, their lien is transferred to the new post starting from the date they stop working in the old post.

(d) When they are on leave from their job.

(e) When they are under suspension, which means they are temporarily not allowed to work due to an investigation or disciplinary action.

A Government servant on acquiring a lien on a post will cease to hold any lien previously acquired on any other post.

What are the rules regarding the carry forward of leave benefits and LTC as per the DOPT's OM dated 24th Nov 2022?

The rules regarding the carry forward of leave benefits and LTC (Leave Travel Concession) in the case of a technical resignation are as follows:

Carry forward of Leave Benefits:

• As per Rule 9(2) of the CCS (Leave) Rules, 1972, technical resignation shall not result in the lapse of leave to the credit of the employee. The balance of unutilized Child Care Leave (CCL) as well as all other leaves of the kind due & admissible will be carried forward.

• According to Rule 39-D of the CCS (Leave) Rules, 1972, in instances of permanent absorption in PSUs/Autonomous Bodies/State Governments, etc, the employee will be granted cash equivalent of leave salary in respect of Earned Leave (EL) and Half Pay Leave (HPL) at his credit subject to the overall limit of 300 days.

Carry forward of LTC:

• Entitlement to LTC may be carried forward in case of an employee who joins another post after having submitted a technical resignation.

• If an employee resigns within eight years of his appointment and joins another post in the Government after submitting a technical resignation, he will be treated as a fresh recruit for a period of eight years from the date of his initial appointment under the Government. Thus, if an employee joins another department after serving in Government for four years, he will be treated as a fresh recruit for four years in the new department.

Department of Personnel and Training (DOPT) vide its Office Memorandum dated 24th Nov 2022 has provided consolidated instructions on the topics of Technical Resignation and Lien, which are relevant to government employees. The memorandum outlines the conditions under which resignation is considered technical, the benefits associated with it, and the rules regarding the carry forward of leave benefits, LTC, pay protection, GPF transfer, seniority, pension schemes, and more. It also details the concept of Lien, its applicability, termination, and transfer, along with rules regarding joining time, pay, and traveling allowance.