Prasanta Jamatia 28 October 2024
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 28 October 2024
P. Venu (Advocate) 28 October 2024
In the absence of lien, it may not possible to revert back.
Prasanta Jamatia 28 October 2024
Are you 100% sure sir?
My parent department is considering me again to take me back in my old department.
Dr. J C Vashista (Advocate ) 29 October 2024
When your parent department (district court) has consented to take you back, then what is your problem / query ?
Prasanta Jamatia 29 October 2024
My boss i.e. judicial magistrat 1st class had verbally asked me he would try to take me back. The highest authority to get me reappoint is the district judge and my boss will talk to district judge about my problem. My question is that can they give me reappointment if they wish. Is there any rule that without lien i cannot revert back my parent department?
T. Kalaiselvan, Advocate (Advocate) 29 October 2024
If your resignation has been accepted and if your resignation was not a technical resignation and there was no lien at the time of relieving you, then you may not be eligible for reinstatement back to your parent job.
Your boss may be willing to take you back, but remember that he is also bound by the law and cannot do anything beyond law, therefore do not fall prey to false promises
Prasanta Jamatia 29 October 2024
Originally posted by : T. Kalaiselvan, Advocate | ||
If your resignation has been accepted and if your resignation was not a technical resignation and there was no lien at the time of relieving you, then you may not be eligible for reinstatement back to your parent job. Your boss may be willing to take you back, but remember that he is also bound by the law and cannot do anything beyond law, therefore do not fall prey to false promises |
Sir , i have released by technical resign from my parent department without lien. Someone is saying i can revert and someone is saying i cant go. Its confusing. My present department is saying that i can revert back by again applying technical resign.
Sudhir Kumar, Advocate (Advocate) 29 October 2024
Technical resignation itself means lien.
T. Kalaiselvan, Advocate (Advocate) 31 October 2024
A Government servant's lien on a post may in no circumstances be terminated
even with his consent if the result will be to leave him without a lien upon a
permanent post. Unless his lien is transferred, a Government servant holding
substantively a permanent post retains lien on that post. It will not be correct to deny
a Government servant lien to a post he was holding substantively on the plea that he
had not requested for retention of lien while submitting his Technical Resignation, or
to relieve such a Government servant with a condition that no lien will be retained.
Dr. J C Vashista (Advocate ) 01 November 2024
Refer to DoPT letter No 28020/1/2020-Estt. (C) dated 17.08.2016 regarding detailed guidelines on the subject of Technical resignation and lien on the post of a government servant.
P. Venu (Advocate) 01 November 2024
As already stated by learned expert Dr. Vashista, all aspects of technical resignation, lien and other related aspects covered by the DoPT's consolidated guidelines dated 17/8/2016. It is not known whether the State Government where the querist is employed is governned by the same or similar norms.
As I can unerstand from those guidelines, lien and technical resignation are two different though related concepts.
In case of technical resignation, the employee could avail of benefit of past services, if otherwise admissible, such as Carry Forward of leave benefits, Carry Forward of LTC, Pay Protection, eligibility of past service for reckoning of the minimum period for grant of Annual Increment, GPF transfer, Applicability of Pension Scheme, Transfer of Service Book from parent Department to present Department etc.
However, as I can understand, reversion to the previous post is not inherent, but only if the employee holds lien in the previous post. As such, it appears that acceptance of technical resignation does not entail subsistence of lien.
A dispaasionate reading of the query suggests that querist relying more on heresay and oral assurances than the extant norms as applicable to him.