Dear Advocates / Personnel Pundits,
I am working in a national institute as LDC in 1900 Grade pay ( Autonomous body under department of AYUSH) for the last six years. I have forwarded my application thru proper channel to another national institute last year - 2012 ( Autonomous institute under MHRD). I have been selected for 2000 Grade pay thru written exam, technical exam and interview mode.
I got the offer letter for Junior assistant from earlier this month and my acceptance of that offer has been forwarded through proper channel. Also got s clarification for my letter from new organisation that my pay will be protected. When I submitted my technical resignation to my parent organisation today, it has been turned down and was verbally informed that I may be relieved treating that as resignation only ( not as technical resignation). Also he informed that they will not provide me LPC and SR.
I have shown the following rules from swamy's handbook 2013,
When a government servant applies for the post in the same or another department through proper channel and on selection he is asked to resign the previous posts for administrative reasons,
(i) the resignation will be treated as a "technical formality"
(ii) the benefit of past service, if otherwise admissible under the rules, will be allowed for purposes of fixation of pay in the new post
(iii) leave at credit will be carried forwarded; and
(iv) the past service will be counted for pension to the same extent it would, only in respect of employees appointed on or before 31-12-2003.
But i have been shown the below rule (which I do not understand! )by our deputy director and a reason to turning down my technical resignation.
11. A government servant selected for a post in a central public sector enterprise / central autonomous body will be released after obtaining and accepting his resignation from government services. Such a resignation will not entail forfeiture of service for purposes of retirement / terminal benefits. In such cases, the government servant deemed to have retired from service from the date of such resignation and he will be eligible to retirement / terminal benefits admissible under the relevant rules applicable to him, in parent organisation.
Argument for denial of my technical resignation is that this is an autonomous body. so technical resignation will not be accepted.
Another staff from our institute has been relieved 7 months back accepting his technical resignation when he moved to another autonomous body. When I referred the same to the Admin Officer, I was told LAST TIME it was a MISTAKE done by the previous Office superintendent.
Problem I have is that my last date to join the national institute is on 31st Dec 2013, Please guide me what I should proceed. AO suggests me to show the rule that Autonomous body to Autonomous body movements will entail technical resignations so that he can approve for technical resignations.
Can you please guide me as quick as possible so that I do not lose an opportunity from national institute? If I have to accept the relieving order when the office is not treating my request for technical resignation, I would end up in losing all my six years service...,
Thank you and regards, Naga
