Technical Resignation and Lien

Technical Resignation

A resignation is treated as a technical formality when an employee has applied through the proper channel for another post in the same or another department and, after selection, is required to resign from the previous post for administrative reasons.

The original SarkariBabu article notes that the benefit can apply even when the employee did not explicitly use the words “technical resignation”, provided the prescribed conditions are satisfied.

When can the resignation be treated as technical?

• The employee applied through proper channel for another Government post and is selected.
• The resignation is required because of the administrative procedure for joining the new post.
• The employee satisfies the conditions in the applicable DoPT instructions.
• Past-service benefits can be retained where the relevant rules permit them.

The original article also notes that the benefit does not apply where the competent authority has not allowed the application to be forwarded through proper channel, or where the resignation relates to an ad-hoc post.

What is Lien?

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

The benefit of lien is available to employees who are confirmed in their entry post/service/cadre or who have been promoted regularly and have completed the prescribed probation where applicable. It can also apply following regular promotion where no probation is prescribed.

Situations in which lien is retained

• While actually working in the post.
• During foreign service or temporary assignment to another post.
• During transfer, subject to the applicable rules relating to the post and pay.
• During sanctioned leave.
• During suspension, subject to the applicable service rules.

On acquiring lien on another post, a Government servant ceases to hold the earlier lien in accordance with the applicable rules.

Leave and LTC after technical resignation

As discussed in the original article, technical resignation does not by itself result in lapse of leave to the employee's credit under the applicable CCS (Leave) Rules. Eligible leave, including admissible Child Care Leave, may be carried forward subject to the rules.

The original article also discusses Leave Travel Concession. Where an employee joins another Government post after technical resignation, LTC treatment depends on the applicable provisions, including the rules concerning the period for which the employee is treated as a fresh recruit.

Other service benefits covered by the DoPT instructions

The consolidated DoPT instructions dated 24 November 2022 also address subjects such as pay protection, GPF transfer, seniority, pension/NPS-related treatment, joining time and travelling allowance. These are rule-based matters and should be checked against the current Government memorandum and the employee's specific circumstances.