Refusal of technical resignation during probation period

1. Yes, it is. Technical resignations are not possible within a year of joining the post since the probation is incomplete. You may be required to submit a regular resignation. Yes as you had obtained a noc you had given a technical resignation you are entitled to pay protection.

2. 

When a Government servant applies for in the same or another department through proper channel and on selection he is asked to resign the previous post for administrative reasons the resignation is called as a technical resignation formally. Technical Resignation is a facility provided to the Central Government employees who are going to join other Central Govt jobs. State Govt employees, bank and any other PSU employees are not entitled to Technical Resignation to join Central Government.
NOTE-I: An ordinary resignation from the service or post forfeits entire past service, but if the resignation is technical it does not result in forfeiture of past service.

NOTE-II: In cases where a 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 administrative 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 channel is an ordinary resignation and benefit of past service will not be admissible.

NOTE-III: The facility of technical resignation is also admissible to Government servants who applied for posts in same or other Departments before joining Government service at which he is working presently. The benefit of past service is allowed in such cases subject to the fulfillment of the following conditions:

The Government servant at the time of joining at the current service should intimate the details of such application immediately on his joining.
The Government servant at the time of resignation should specifically make a request, indicating that he is resigning to take up another appointment under Government/Government organisation for which he applied before joining the Government service and that his resignation may be treated a ‘technical resignation’ .
The authority accepting the resignation should satisfy itself that had the employee been in service on the date of application for the post mentioned by the employee, his application would have been forwarded through proper channel.
CONTINUITY OF SERVICE ON TECHNICAL RESIGNATION (LIEN)
A permanent Government servant appointed in another Central Government Department/Office has to resign from his parent department unless he wants to revert 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.

BENEFITS OF TECHNICAL RESIGNATION

The benefit of past service, if otherwise admissible under the rules, will be allowed for purposes of fixation of pay in the new post.
Leave at credit will be carried forward
The past service will be counted for pension to the same extent it would, but for the resignation, only in respect of employees appointed on or before 31.12.2003
Past service will be counted for age relaxation in Govt exams.
NOTE-I: If the resignation from a post under a Central Government Department is technical, the tenure of service already completed by an employee is added to the time period spent while on service in the next post while determining the years of service for age relaxation provided for Central Govt employees.

NOTE-II: If you are going to same Grade Pay e.g. 4600 to 4600 or 2800 to 2800, you’ll be fixed on your existing basic pay or more as the case maybe, means you won’t be getting less salary than you were getting previously. This concept of protection is called PAY PROTECTION. But if you go from lower Grade Pay to the higher or Higher Grade Pay to the lower your pay can’t be protected, means your pay will be fixed in the new Grade Pay.

Regards,

Anaita Vas

Thank you for taking the time out to reply. 

Can you please cite any govt circular / notice /order which bars 'technical resignation' during the probation period? 

On the other hand, the draft regulations (which is quoted by you), clearly says that even if a government servant couldn't apply through proper channel because of his application being sent before joining present job, he would still be entitled to technical resignation(if he informs his present office regarding his application in another job) . This clearly implies that there is no conditionality that probation period needs to be completed to be eligible for technical resignation. 

So, if you are aware of any such government order by DOP&T or any other government department which bars technical resignation during probation period, please share the link of the same. 

Thanks again 

1. Technical resignation is admissible to a permaanent employee who can if he so desires return to previous post untl he is confirmed in new deptt
2. getting benefit of previous service is entirely different aspect.  The benefit of continued service will be there even i n case of no lein.

What about employees who are in probation period? Please note the employer has given noc to apply in another job. Can the employer now deny technical resignation and compel regular resignation? 

In response to your query,

Yes, if you're going to work for the government again. You will be able to quit from your current position, but your service in that position will be counted in another government office if it is the same one. But you cannot resign on the basis of technical resignation when you are under probation period even after following every procedure properly. 

Technical resignation is a term used to cover the gap in a government employee's continuity in employment so that he might take advantage of past government service. No one can hold two positions at the same time. He must either be promoted or resign from his previous position.

Therefore you cannot have the benefits of the new employment unless you have already been relieved from your previous job. 

Regards,

Aryan Raj 

Originally posted by : Subal

What about employees who are in probation period? Please note the employer has given noc to apply in another job. Can the employer now deny technical resignation and compel regular resignation? 

Probationer is yet to be permanent.  SO Tehc resignation is not admissible.

Please probide relevant government order/ link of the same

You are entitled to continuation of service even without lein on previous post, If you are going from Govt to Govt.

Sir, is this facility available even if probation period is not completed? 

Technical resignation can be with or without lien.

If the employee wants to retain the right to rerurn to the old post within one year, if he/she doesn't like the new job, he/ she can do so, only if there is lien in the old job. Lien facility is for permanent employees after confirmation only.

However, if within probation period, if technical resignation is submitted , lien facility will not be available. However, benefit of past service including pay protection will be available, if the employee had applied through proper channel / taken NOC from old employer during application. 

The clause of completion of probation period/ confirmation is only applicable for lien facility only. It does not have effect on pay protection / counting past service etc. That's why the facility of technical resignation is available even for employees who have just joined a govt job and applied to other job before joining the current job. But, in this case, the employee must inform the office while joining that he/ she has applied to other job previously to get the benefit of past service/ pay protection.

Thank You for clearing the matter