TECHNICAL RESIGNATION

Querist :
Anonymous
(Querist) 07 January 2015
This query is : Resolved
Sir/ma'm
I joined Indian Railways as junior engineer on 20th feb 2013.I had already filled the form of cgl 2013 before joining.i didnot inform the department about my candidature at the time of joining.But I came to know that it is required to intimate the department regarding candidature in all exams as soon as one join.So I wrote a letter on 6th jan 14 regarding my unawareness of the rule and intimated the department after tier 2 of the exam ..before results and I mentioned that result is awaited in that letter.Also I requested to let my candidature be intimated.The department didnot respond me.Then exam got scrapped through a cat order. I sent the admit card of re exam tier I in july and requested to allow me to appear in the exam referring the first letter.Still no any reply came.Then after I was selected and interview was due I applied for NOC in nov 14 reffering above two letters . I got NOC to appear before the interview board in dec14.Now do I have a chance to get technical resignation if I am selected.
Kindly guide me.Thanks in advance.
B K Raghavendra Rao
(Expert) 07 January 2015
Your expression 'technical resignation' is not understood. However, as you have got NOC, you would not face any problems. The moment NOC is given, it means all the previous errata are condoned.
Dr J C Vashista
(Expert) 08 January 2015
I agree with expert Sh. B K Raghavendra Rao. Once you have received NOC, what else you have the query/doubt?
Devajyoti Barman
(Expert) 08 January 2015
well, anonymous query is not replied here.

Querist :
Anonymous
(Querist) 08 January 2015
Sir according to rule I should have intimated the department at the time of joining. I accepted my mistake in written in jan 14 and requesed them to let my candidature status be intimate. Now referring this letter number and a letter number where I sent my admit card in july 14 ..I requested them for NOC in nov 14..they have issued me the NOC.I want to know since they have given me NOC through a letter where a reference to accept my candidature is requested ..does that I full fill all the criteria for NOC. KINDLY reply the legal aspects and options for me if they dont give me NOC.

Querist :
Anonymous
(Querist) 08 January 2015
TECHNICAL RESIGNATION
13. A resignation from the service or post entails forfeiture of entire past qualifying service.
The exception is technical resignation which does not result in forl'eitUre of paSt service.
14 In cases where II Government servant applied for post in the same or the other
Departments through proper channel and on selection, is required to resign the previous poSts for
adrninisn:ative reasons, the benefit of past Service, if otherwise admissible under rules, is given
treating the resignation as a "Technical Formality". Resignation submitted for other reasons or if
competent authority has not allowed him to forward his application through proper chl'lfIDel is a
resignation and benefit of past service wi II not be admissible.
15. This benefit is also admissible to Government servants who applied for posts in same or
other Departments before jpining Government service and on that accouDt the application was
not routed through proper channel. The benefit of past service is allowed in such cases subject to
the fulfilinent of the following conditions:-
(i) the Government servant at the time of joining should intimate the details of such
application Unnlediately on their joining.
(ii) the Government servant al the time of resignation should specifically make II
request, indicating that he is resigning to take up another appoinonent under
Government! Government organisation for which he applied before joining the
Governrnent service and that his resignation may be treated a 'technical
resignation' .
(iii) the authority accepting the resignation should satisfy itself that had the eroployee
been in service on the date of application for the pOSt mentioned by the employee,
his application would have been forwarded through proper channel.
[OM No. 13124/92-EsttfPav-D daTed 22.01.1993)
CONTINUITY OF SERVICE ON TECHNICAL RESIGNATION
16. A permanent Governrnent 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. Such resignations shall not be deemed
to be resignation for the purpose of pension, if admissible. As a consequence, continuity of
service benefits should be allowed to such employees in the matter of pension, leave, LTC, etc.
as admissible under the rules.
17. In cases where Government servants, who had originally joined government service prior
to 01.01.2004. apply for posts in the same or other departments and on selection they are asked
to tender technical reSignation, the past services are counted towards' pension under CCS
(pension) Rules, 1972.
fDCllartment ofOOjon &: Pensioners Welfare OM No. 28/3012QQ4.P&;PWCB) dated
26.Q7.2Q~1

Querist :
Anonymous
(Querist) 08 January 2015
the Government servant at the time of joining should intimate the details of such application imediately on their joining
P. Venu
(Expert) 10 January 2015
Prima facie, you can submit technical resignation and take up the new employment.