Condonation of resignation for purpose of pay fixation: Clarification about “Technical Resignation” – OM dated 22nd Jan, 1993

No. 13/24/92-Estt.(Pay-I)

Government of India

Ministry of Personnel, Public Grievances & Pensions

(Department of Personnel & Training)

New Delhi, the 22nd Jan., 1993

OFFICE MEMORANDUM

     The undersigned is directed to invite attention to Ministry of Finance O.M. No. 3379-E.III(B)/65 dated 17th June, 1965 which provides that in cases where Govt. servant applied for post in the same or the other Departments through proper channel and on selection, they are required to resign the previous posts for administration reasons, the benefit of past service, if otherwise admissible under rules, be given for purposes of fixation of pay in the new posts treating the resignation as a “Technical Formality”.  A question has now been raised as to whether this benefit is admissible to Govt. servants who applied for posts in same or other Departments before joining Govt. service and on that account the application was not routed through proper channel.  The matter has been examined and the President is now pleased to decide that the benefit of past service subject to the same conditions as incorporated in O.M. dated 17.6.1965 fold may be allowed in such cases also subject to the fulfilment of the following conditions:-

i) the Govt. servant at the time of joining should intimate the details of such application immediately on their joining.

ii) the Govt. servant at the time of resignation should specifically make a request, indicating the dates that he is resigning to take up another appointment under Govt./Govt. organisation for which he applied before joining the Govt. service and that his resignation may be treated a ‘technical resignation’.

iii) 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.

sd/-

(SMT. REVATHY IYER)

DEPUTY SECRETARY TO THE GOVT. OF INDIA