LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Gratuity & pf

(Querist) 03 July 2012 This query is : Resolved 
recently i have resigned from PSU to join Central Govt (Selection was through UPSC and proper permission was obtained from the previous employer) along with the resignation i requested for the LIEN of 2 years.
Now i have been releived from PSU on the acceptance of my resignation and they have grant me LIEN of 2 years and i have joined Central Govt.
Related to LIEN my query

1. Can i withdraw my PF full or in part (PF cant be tranfer from PSU to Central govt ) in the duration of this LIEN Period.

2. Can i claim apply for gratuity amount (on resignation) in this period

plz reply
Regards & thanks in advance
Amit
Sankaranarayanan (Expert) 03 July 2012
These all your wish , if you really need the amount to withdraw then you , as for as gratuity concern , if you are eligible then you can claim .
Guest (Expert) 03 July 2012
Dear Amit,

Resignation and lien both cannot go side by side together within an organisation. Once you have resigned, you severe relations with your old organisation. A resigned employee cannot retain his lien on any post. Retention of lien can be possible only on deputation basis. You cannot hold lien at two posts at a time.

So far as the question of PF is concerned, you can either withdraw the PF amount or get the balance transferred to your new PF account in your new organisation. But, if you want to take benefit of the past service in the new Government organisation to be carried as a continuous service, you will necessarily have to get your PF balance transferred to your new organisation.

Similarly, if you don't want the benefit of your previous service for pay fixation and qualifying service etc., you can claim gratuity also from the previous organisation, provided you have already rendered 5 years or more service in that organisation.
Smrati Kumar (Querist) 03 July 2012
dear dhingra sir thanks for the reply

as per the face which u stated in your reply ....but it has happened in my office now u can say it resignation or technical resignation whatever ......and i have joined in higher scale so protection was not required in my case otherwise it was available ......i have completed around 9 year of service in PSU before resignation .....and at the tme of resignation i requested for the lien and they have grant me for 2 years but they are saying in this case u will not be able to withdraw your PF and gratuity ........

in PSU CPF scheme was running and here in central govt i have considered for NPS and they told that u cant transfer your CPF in PRAN Account .....
Smrati Kumar (Querist) 03 July 2012
dear narayan sir

thanks for the reply


but Hr dept of previous employer is saying that in the case of lien u cant withdraw your PF and gratuity .....by saying ...if u will come back than what will happen .....
K.S.Srinivas (Expert) 21 July 2012
If you want to withdraw pf amount, you can do so or else you can file application for transfer of your epf account to your new job by filing form No.13.

As far as gratuity is concerned, you can submit a representation requesting for sanction of gratuity as you have completed the eligible service of 5 years.

once resigned the present job, there is no question of retaining lien on the resigned job. Once resigned, the lien automatically also be terminated on the present job.


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


Click here to login now



Similar Resolved Queries :