Resignation
Smrati Kumar
(Querist) 14 December 2011
This query is : Resolved
sir
i am working with Airport Authority of india A Public Sector undertaking since 2003.
recently i got selected in Central Govt Services as Group A gazetted office through UPSC.
i applied for this post thorough proper intimation to my department.
my queries are :
1. resigning from PSU to join Central govt will be treated as technical resignation or not ????
2. HPL can be encash at the time of resignation or not ????
thanks & Regards
Amit
Advocate. Arunagiri
(Expert) 14 December 2011
1. Yes it is only a resignation.
2. HPL can be encashed subjected to EL, encashment limit. If you have a overall limit of 300 days (HPL+EL), you cannot claim more than that.
Raj Kumar Makkad
(Expert) 14 December 2011
I have also similar reply as provided by Arunagiri.
prabhakar singh
(Expert) 14 December 2011
I too have also similar reply as provided by Mr.Arunagiri.
Smrati Kumar
(Querist) 14 December 2011
thanks to you all for the expedite reply
regards
Amit
Guest
(Expert) 15 December 2011
Dear Amit,
I may have to differ with the views of the experts above to the extent mentioned below (Sorry experts).
Application with intimation to the department is not considered as permission of the department. The application should have to be submitted through proper channel or with due formal permission of the competent authority, if the benefit of technical resignation has to be taken. So, replies to your queries is as follows:
1) On resignation from AAI, your resignation may not be treated as technical resignation according to the rules of the Government of India/PSUs. However, if the competent authority is willing to treat your resignation as technical resignation at his own discretion that may only help you to count your past service in the present organisation.
2) Not only in AAI, but in all Government organisations HPL is not allowed to be encashed on resignation. You will be able to get the benefit of leave encashment only for the E/L at your credit subject to maximum of 300 days.
Smrati Kumar
(Querist) 15 December 2011
Dear Mr. Dhingra
Thanks for your valuable opinion
Sir as per AAI service act if any employee is applying for the recruitment conducted by UPSC/SSC only intimation is required and employee can send his application form directly to UPSC/SSC.
I intimated to my department while applying thereafter when i got call for interview so again communicated with my department and requested for the experience certificate as it was required while appearing for interview and my department issued the same.
After the selecting when UPSC sent me the recommendation latter and there after ministry of civil aviation sent me the offer of appointment and asked to submit the willingness to join i submitted the copy of that offer of appointment and my willingness to my department for the issuance of NOC.
Sir , The verification and medical work in progress my joining is still awaited and my department asked me to submit the resignation in prescribe format along with application on plane paper.
And in the case of HPL ...no clear cut guide line few are saying it would be encashed or few are saying it wouldn’t............
Now please advice me ...how to persu this case for the best result ...........
Guest
(Expert) 15 December 2011
If you have got the NOC of the AAI/ Ministry of Civil Aviation you have got the right to get benefit of your past service. But still about encashment of half pay leave, it is not me, but Rule 11(10)(3) of the AAI (Leave) Regulations 2003 says about that. HPL is allowed to be encashed only on retirement, BUT NOT on resignation. You can check the provision of rules, yourself, for your confirmation.
Smrati Kumar
(Querist) 16 December 2011
thank you very much sir ...now its ultra clear
regards
Amit
Dr J C Vashista
(Expert) 20 December 2011
I agree with the expert opinion expressed by MrDhingra.
