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Regarding technical resignation

(Querist) 20 July 2015 This query is : Resolved 
Sir
I would like to ask you that to consider resignation on technical ground is there any criterion like completion of probation.
Sudhir Kumar, Advocate (Expert) 20 July 2015
please state what is your problem.


do not become question paper setter in departmental examination.
M/s. Y-not legal services (Expert) 20 July 2015
post your problem., we will try to give suggestions for it..

M/s.Y-not legal services
Shinde Pandurang (Querist) 21 July 2015
Actually my problem is that I was working in esic hospital gulbarga woh head office located at BANGALORE. I applied there for technical resignation but now administration is denying it as probation is not declared. I worked there for 9 months only. Every time they are giving different excuses to deny me relieving on technical ground. N this this it's about declaration of probation. Hence I would like to ask if any rule is there regarding this particular issue.
M V Gupta (Expert) 21 July 2015
Check ur appointment letter. If it is provided that probation can be terminated by the probationer also by giving notice then the hospital is bound to accept ur resignation and issue the relieving letter.
P. Venu (Expert) 21 July 2015
Had you applied for the new job through proper channeel?
Rajendra K Goyal (Expert) 21 July 2015
You should check your appointment terms and represent to your department that you have applied new job through proper channel, if so.
Sudhir Kumar, Advocate (Expert) 21 July 2015
you have not even confirmed whether both jobs are govt or not.
Sudhir Kumar, Advocate (Expert) 21 July 2015
Not able to fully agree with Mr MV Gupta. The author (probably and if Govt employee) intends to take been fit of continuation of service by technical resignation (surely being on probation in old post he is not eligible for lien). Unilateral termination is altogether different aspect wherein benefits of past service are lost.
Shinde Pandurang (Querist) 21 July 2015
Actually issue is that, i was working in aiims new delhi as a staff nurse.then from there applied in indian railway,with NOC, for same post and just few days later again applied in ESIC for same post,through proper channel. I got selected in ESIC first,joned service(was relieved on technical ground) and requested for collection of service record n pay fixation,but administration nevr respnded.then i intimated them reg railway application. Now i have got in railway n when resigned on techncal ground, they are not considering on technical ground. And telling that as u have not completed probation here, u won't get relieving on technical ground.
Sudhir Kumar, Advocate (Expert) 22 July 2015
you re moving from autonomous body to Govt deptt. This fact has now been intimated by you.

you were employed in AIIMS------joined ESIC-----------selected for railways.

your length of service in just 9 months and you are not entitled for lien.

please elaborate how technical resignation will help you.
P. Venu (Expert) 22 July 2015
You may represent. If not successful, can seek judicial review.
T. Kalaiselvan, Advocate (Expert) 24 July 2015
If you are aggrieved by your employer's rejection, you may represent the issue by escalating the matter to the higher authorities seeking the desired relief.
Guest (Expert) 24 July 2015
Your description, "I applied there for technical resignation but now administration is denying it as probation is not declared," is not clear. You cannot apply for technical resignation, if not applied through proper channel for another post outside your department.

Even if applied through proper channel for the post and technical resignation is accepted by the authorities, what benefit you expect to derive in another department/ organisation out of your past service rendered merely for 9 months during probation period?
Shinde Pandurang (Querist) 24 July 2015
Thanks to all. Dear Dhingra sir..Its not matter of just 9 months. it's matter of all together the 3 years experience from aiims new Delhi and 9 months from esic banglore. Both for railway and esic I had been applied from Aiims new Delhi only. Now thing is that my past service from aiims to esic is being considered to be counted. It's in the process. But as for railway too I had obtained NOT from aiims but before results came I moved to esic now my parent status of aiims is shifting to esic which is connecting link between aiims and railway. Railway is ready to count my previous service but, they want receiving letter from esic on technical ground and esic is not ready to issue. Kindly tell what to do. Please.
Shinde Pandurang (Querist) 24 July 2015
Thanks to all. Dear Dhingra sir..Its not matter of just 9 months. it's matter of all together the 3 years experience from aiims new Delhi and 9 months from esic banglore. Both for railway and esic I had been applied from Aiims new Delhi only. Now thing is that my past service from aiims to esic is being considered to be counted. It's in the process. But as for railway too I had obtained NOC from aiims but before results came I moved to esic. now my parent Institute status of aiims is shifting to esic which is connecting link between aiims and railway. Railway is ready to count my previous service but, they want receiving letter from esic on technical ground and esic is not ready to issue. Kindly tell what to do. Please.
Guest (Expert) 24 July 2015
Mr. Shinde Pandurang,

Please check your own description and indicate if you have made any mention of the 3 years of service at aiims. I wonder, if you believe that the experts should presume what you want to covey without stating the facts.

Rather, not only your very initial query was of academic query consisting of no background, but also you subsequent description was quite vague to make any sense. Even the third post also did not contain the fact about your service of 3 years. Both of your posts are reproduced below for your own review:

(1) YOUR POST 3 DAYS AGO
"Actually my problem is that I was working in esic hospital gulbarga woh head office located at BANGALORE. I applied there for technical resignation but now administration is denying it as probation is not declared. I worked there for 9 months only. Every time they are giving different excuses to deny me relieving on technical ground. N this this it's about declaration of probation. Hence I would like to ask if any rule is there regarding this particular issue."

(2) YOUR SUBSEQUENT POST 3 DAYS AGO
"Actually issue is that, i was working in aiims new delhi as a staff nurse.then from there applied in indian railway,with NOC, for same post and just few days later again applied in ESIC for same post,through proper channel. I got selected in ESIC first,joned service(was relieved on technical ground) and requested for collection of service record n pay fixation,but administration nevr respnded.then i intimated them reg railway application. Now i have got in railway n when resigned on techncal ground, they are not considering on technical ground. And telling that as u have not completed probation here, u won't get relieving on technical ground."

IF YOU ARE NOT CLEAR IN YOURSELF, HOW YOU CAN EXPECT SUITABLE ADVICE FROM EXPERTS. Better meet with some local expert along with your service rlated documents and discuss your problem in detail with him to get appropriate solution.
Shinde Pandurang (Querist) 07 August 2015
Sorry sir..
But actually thing is that I had put my problem here in earlier conversation, where the reason for not considering resignation on technical ground was put that esic doesn't have that policy. and I got satisfactory solution for that. But now they are giving different reason like, to get relieved on technical ground 1 need to complete probation.

Hence I asked simply that is there any criterion like completion of probation, for technical resignation to be accepted. But I was asked to put up problem hence I put,but thought that my previous(fully illustrated) conversations might be getting considered while looking in to this. Hence i put it shortly.
Guest (Expert) 07 August 2015
Unless posted along with original thread, there is no use of posting academic type of query without any background. The result will be, besides waste of precious time of the experts, only you will get confused, if replies are based on preseumptions of the experts.


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