LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Manoj Kumar (Govt Job)     08 January 2016

Technical resignation accepted but lien not given

Dear Sir,

I applied for technical resignation from a Central Govt. Organisation from Group A post with a relieving date of 04.12.2015 to take up another appointment in India Railways (through UPSC IES exam) with a joining date of 21.12.2015.I  informed the administration in written about my appearance in UPSC IES exam.My probation was also closed and i was posted in permanent capacity. I asked for lien and admin told me to apply sepratly for lien so on three days before my relieving date i requested to retain my lien  but administrative officers were not able to decide the lien since my relieving was on 04.12.2015 so i applied for extension in relieving upto11.12.2015 so that they can decide lien. But on 10.12.2015 i was told orally by administrative officers that we cannot give you lien and you will be relieved with your earlier date of 04.12.2015, so they issued a relieving letter dated 10.12.2015 with relieving date of 04.12.2015 and i had no option but to accept it...Now i have following queries

1.I want to know whether i can get lien or not if i request them again? also they treated me off duty from 05.12.2015 to 10.12.2015 though i was in office till 10.12.2015...

2. is it possible for administration to change the relieving date from 04.12.2015 to 11.12.2015 if i request them in written again so that i can get salary for those extra days also ?

3. can i go back again to my parent organisation from railways if they approve my lien?

4. what shall i do if they don't consider any of the above requests?

Please reply sir..

Thanks



Learning

 11 Replies

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     09 January 2016

Post repeated.  Already answered. 

Manoj Kumar (Govt Job)     09 January 2016

Sir that full post was deleted by admin.. Please reply again if possible...

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     11 January 2016

1) All depends on Service Rules.  I hv replied enough alongwith relevant provisions applicable to Central Government Group A Officers.  Study those available on net.

 

 

2) When once the Government declined ur lien and relieved as of 04-12-2015 at ur request, u r not entitled to go back to suit ur will flickering asking for lien.

 

 

3) U youself asked for relief from 04-12-2015.  When not received the approval, should hv followed up much in advance from the concerned HOD/ AO in writing the status of your request, which appears to have been not done on record.

 

 

4) No shift of relieving date from 04-12-2015 to 11-12-2015 is possible in Government.  For ur salary for a few days, the Government cannot alter the records ante-date, shift to postpone the relieving date to 11-12-2015 irregularly tamper official records.

 

 

5) When there is no lien on ur earlier Group A post and got already relieved and now working in Indian Railways another Central Govt Orgn, ur contract on earlier post is determined and terminated.  Hence cannot go back.  However as u say if at all the earlier lien is approved the such chances being bleak, u can go back which ordinarily is not possible.

 

 

6) The only left over alternative is better continue in Indian Railways which is also an excellent Job. Dont bother for 7 days salary, spending more on unnecessary avoidable litigation whether worth investing u decide.

 

 

7) Before u join Railways, would hv thought of which Job is most suitable and better for u.  Many unemployed youth are struggling hard even without single job or single meal.  Why r u so much bothered for the Group A post already relinquished and joined Indian Railways through IES which u then felt is better.  Excel well in the current position without lingering where u hv lot of career progression.

Manoj Kumar (Govt Job)     11 January 2016

I agree with you sir on most of the points..

1. But administration should have decided before 04.12.2015 whether to give lien...i keep coming to office till 10.12.2015 so i was on duty.

2. I am not able to find any rule how can administration relieve in future with a back date relieving date?

3. Also they have not given me any written reply whether my lien is terminated?

4. After all i joined railways on 21.12.2015 and there is a gap of 16 days though i was entitled for 12 days joining time...so can i avail 4 days Earned Leave to continue my service?

5. Since my extension apllication was based on the lien request so only if i ask them for lien again then only chances are there for change in relieving date?

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     12 January 2016

Further clarification on ur post after my above response:

 

8) U hv unauthorizedly attended the office when u resigned with deadline 04th Dec 2015 and continued without permission on which the Government can take action against u.  With what interest u continued can be questioned.  No future date relief will be there but relieved as per ur letter only.  At ur request the Govt accepted wef 04th.  U would hv followed up as there may be administrative delay.

 

9) Joining time at for what, from Govt of India to join new post at Railways r u claiming is absurd and bad in law.  Leave accrued lapses cannot be encashed after relief from the employer itself except superannuation.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     12 January 2016

9) Joining time for what, from Govt of India without lien to join new post at Railways  u r claiming is absurd and bad in law.  Leave accrued lapses cannot be encashed after relief from the employer without lien except superannuation. (typographical error rectified).

 

10) Under Group A post how many years of service hv u completed, whether completed probation, the application for Railways forwarded through proper channel and NOC whether issued etc are not clear.  

 

11) U hv stated that AOs could not decide on ur lien.  This is not unique case but routine except may be some administrative delay. Rule position is very clear.  In AOs service, number of such cases must have come across.  Further u hv stated having applied for extended time upto 04th Dec 2015 thinking that they would decide lien. All ur statements are ur presumptions not based on facts.

 

12) All said and done no legal angle exists when the Government already relieved u and clarified NO LIEN and already joined Railways.

Manoj Kumar (Govt Job)     12 January 2016

1. Sir joining time is also applicable for technical resignation even if it is without lien as far as i know..so i am eligible for joining time

2.application was through proper channel..based on that only my technical resignation was accepted.

3. i asked for relieving on 04.12.2015 ..but on 01.12.2015 i applied for lien and AOs were not able to decide i applied for extension till 11.12.2015 which they accepted for consideration of lien and i keep coming to office in hope of lien approval but on 10.12.2015 i was relieved with date of 04.12.2015 but i had no option but to accept it as my joining was on 21.12.2015...

4. Also Fundamental Rule 13 says no government employee is without lien unless he is absorbed to permanent capacity in new department..my probation in old organisation was closed and now in railway i am on probation for three years so am i not eleigible for lien??

5.even if they have terminated my lien i dont know on what grounds they terminated my lien?

Manoj Kumar (Govt Job)     09 March 2016

this is in continuation to my earlier thread....

1. Sir joining time is also applicable for technical resignation even if it is without lien as far as i know..so i am eligible for joining time

2.application was through proper channel..based on that only my technical resignation was accepted.

3. i asked for relieving on 04.12.2015 ..but on 01.12.2015 i applied for lien and AOs were not able to decide i applied for extension till 11.12.2015 which they accepted for consideration of lien and i keep coming to office in hope of lien approval but on 10.12.2015 i was relieved with date of 04.12.2015 but i had no option but to accept it as my joining was on 21.12.2015...

4. Also Fundamental Rule 13 says no government employee is without lien unless he is absorbed to permanent capacity in new department..my probation in old organisation was closed and now in railway i am on probation for three years so am i not eleigible for lien??

5.even if they have terminated my lien i dont know on what grounds they terminated my lien?

 

Surajit Das   26 November 2017

Sir,

In case of lien, after expiry of 2 years of lien when the govt servant submits his resignation from the old post, what will be date of resignation? Is it the date on which he was relieved on lien from the old post 2 years ago or the date on which the 2 years of lien expires?

Brielle Richmond   06 November 2019

Resignation means to leave that place where we do job it is not an easy task to do a resign as many people can do this. Here rushessay.com is the link to check the list of those people that can resign a technical company.

amaloasos   25 April 2020

i like it, thnx, but visit my website https://slots.lv 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register