LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Continuation of service and technical regignation

(Querist) 30 March 2015 This query is : Resolved 
Sir,

1. I am serving in the Indian Navy, Ministry of Defence. i was enrolled in the Indian Navy on 30 Jan 2002 and i have completed 13 years and 2 months of service.

2. I have been recommended for the post of Administrative officer, class B Gazetted officer post in DRDO by UPSC. I am waiting for appointment. It is pertinent to mention that i had submitted my application for the said post through proper channel and approval.

3. I would be grateful if clarity on a few queries mentioned below may kindly be provided:

(a) Is there any provision to join after completion of my present engagement (pensionable service) till 31 Jan 2017 in Indian Navy?
(b) What is maximum time frame as per rule of GOI to join the post after getting appointment letter?
(c) Will my post service be counted in new government service? If yes, will i be eligible for pension under the pension regulation of the year 2002?
(d) What is the rule and benefit Technical resignation?
(e) What is the rule regarding furlough leave in Central Government?

With High Regards,

Lokender Gautam
Isaac Gabriel (Expert) 31 March 2015
You can get the past srrvice counted for pensionary benefits but with the payscales for the new post


Anil Kulkarni (Expert) 31 March 2015
As you sent application through proper channel your resigning in Navy will be only technical
The joining period might have been mentioned in DRDO order and you will have to join within that time after resigning in Navy. You may seek extension for joining in DRDO but it will be at total discrition of DRDO.
As both the services are pensionable your service will be countable in DRDO foe pension as per sixth pay commission provisions.
You need not complete qualifying service in Navy as your service in DRDO will be added to your service in Navy.
Rest of your queries you may speak to your administrative officer (AO) who is duty bound to give you answers.
Rajendra K Goyal (Expert) 02 April 2015
Agree with the experts.
LOKENDER GAUTAM (Querist) 02 April 2015
Sir,

I also wants your kind suggestion regarding following:-

(a) Is it right decision to change job in the peak of my defence service? On one hand, after 18 months i am eligible of defence pension & other ex-serviceman benefits. On other hand i have a good opportunities to progress.
(b) Can DRDO give me extension for 18 months?
(c) Is lien is applicable on me or not?

Regards
T. Kalaiselvan, Advocate (Expert) 03 April 2015
There is no lien period admissible under such conditions. You have opted for Class B Gazetted Officer Post through open competitive examination and not through a regular course of employment. Basically you are in the defence services as a uniformed personnel, you are almost in the fag end of the defence service initial engagement and the recognition/eligibility for ex-servicemen is almost in a touchable distance. You will not be eligible for defence pension nor the facilities and privileges available for ex-servicemen if you fail to qualify for the same even by one day, therefore the entire hard work and substantial length of service with the defence will render useless if you resign now, moreover there is no provision or regulation to wait for you to join the employment kept in waiting for you for a period of two years by the other government organisation.
Think about the pros and cons and take q wise decision. Be proud of an ex-serviceman.
LOKENDER GAUTAM (Querist) 05 April 2015
Sir,

Please Clarify Para 16 of Department of Personnel & Training OM No.28020/1/2010-Estt(C)dated 26 Dec 2013 Regarding CONTINUITY OF SERVICE ON TECHNICAL RESIGNATION which Say "A permanent Government servant appointed in another Central Government Department/Office has to resign from his parent department unless he reverts to that department
within a period of 2 years, or 3 years in exceptional cases."

Can the Central Government Department revert back a candidate in parent Department after Technical Resignation within a period of 2 years, or 3 years?

With High Regards,

Lokender Gautam
Guest (Expert) 05 April 2015
While submitting your technical resignation you will have to make a specific mention in the notice that you want to retain the lien on your post in your parent department.
LOKENDER GAUTAM (Querist) 06 April 2015
Sir,


But T. Kalaiselvan Sir, Advocate (Expert) suggest me in above para that "There is no Lien admissible in my condition "

Please Clarify: Is lien is applicable in my case? If yes, what is the procedure for that?

With High Regards.

Lokender Gautam


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :