Lok Sabha Question No. 1457 (UNSTARRED), answered on 2019-11-27
Subject: Retention of Lien of Post
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: Raja Amareshwara Naik, Sukanta Majumdar, Bhola Singh

## GOVERNMENT OF INDIA MINISTRY OF PERSONNEL; PUBLIC GRIEVANCES AND PENSIONS

## (DEPARTMENT OF PERSONNEL AND TRAINING)

LOK SABHA (TO BE ANSWERED ON 27.11.2019)

## RETENTION OF LIEN OF POST

1457. SHRI RAJA AMARESHWARA NAIK: DR SUKANTA MAJUMDAR: SHRI BHOLA SINGH:

Will the PRIME MINISTER be pleased to state:

- (a whether Government has set rules regarding retention of lien of post in a Government Office (GO) after joining another GO by Government Employee (GE) through tendering of technical resignation;
- whether GO can terminate lien after receiving written undertaking from GE once formal lien of 2 years is over and if s0, the rule position in this regard; and
- if the details thereof; 8 maximum allowed for retention of lien of GE; whether   previous   GO is bound to retain the lien of a GE for   lifetime if  his/her employment in another GO is not confirmed and if S0, the details thereof including the cases of lien retention beyond 5 years; SO, period
- whether Government is aware that  retention of lien for period, may hamper the promotion prospects of other incumbent employees in previous cadrel service and if the Government' s reaction thereto? long SO,

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MMINISTER'S OFFICE (DR. JITENDRA SINGH)

- (a) & (b): Yes Sir. Consolidated guidelines on 'Technical Resignation and Lien have been issued by Department of Personnel & Training (Annexure).
- (c) to (f: (i) Lien is retained by a permanent Government employee (GE) for a period of 2 years   It is extendable upto 3 years   in exceptional while considering termination of lien of a GE it is to be ensured that he is not left without a lien on a permanent post.
- (ii)   Ministries/Departments are required to take timely action to extend Or terminate lien on completion of the prescribed adequate opportunity to the GE. period

## No. 28020/1/2010-Estt (C) Government of India Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) ******

North Block; New Delhi Dated August; 2016 17th

## QFFICE MEMORANDUM

Subject: Technical Resignation & Lien- Consolidated guidelines.

The undersigned is directed to refer to this Department's OM of even number dated the   26th  December; 2013 on the   above subject and to say that guidelines/  instructions fegarding Technical Resignation have been issued from time to time  It is now proposed to further   consolidate   these   instruotions; as the   Department   continues to receive   frequent references on these issues.

## 2.1

## Technical Resignation

- 2.1.1 As per the Ministry of Finance OM No. 3379-E.III (BJ65 dated the 17th 1965, the resignation is treated as.a technical formality where a Government servant has applied through proper channel for a post in the same or some other Department, and is on selection; required to the previous for administrative reasons. The resignation will be treated as technical resignation if these conditions are met; even if the Government servant has not mentioned the word "Technical" while submitting his resignation. The benefit of past service; ifotherwise\_admissible\_under rules, may be given in such cases  Resignation in other cases including where competent authority has not allowed the Govemment servant to forward the application through proper channel will not be treated as & technical resignation and benefit of past service will not be admissible. no question of benefit of a resignation treated as a technical resignation arises in case of it from a post held on ad hoc basis. June, resign post Also, being being
- 2.1.2 This benefit is also admissible to Government servants who have applied before
- joining the Government service and on that account the application Was not routed through proper channel: The benefit of past service is allowed in such cases subject to the fulfillment of the following conditions:
- the Government servant should intimate the details of such immediately on their joining;
- application
- (ii) the Government servant at the time 0f resignation should specifically make a request, indicating that he is resigning to take up another appointment under the Government for which he before joining the Government service; applied
- (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.

(DOPT'$ O.M.No.13/24/92-Estt(Pay-1) dated 22.01.1993)

## 2.2 Carry forward of Leave benefits

- In terms of Rule 92)of the CCS (Leave) Rules; 1972, technical resignation shall not result in the lapse of leave to the credit of the Government servant The balance of unutilized Child Care Leave(CCL) as well as all other leaves of the kind due & admissible will be carried forward:
- (ii) As per rule 39-D of the CCS(eave) Rules,1972, in case of permanent absoeption in PSUs/ Autonomous Bodies/ State Government etc, the Goverment servant shall be cash equivalent of leave salary in respect of EL & HPL at his credit subject to overall limit of 300 days granted

## Carry forward of LTC

Entitlement to LTC may be carried forward in case of a Central Govemment Servant who joins   another post after having  submitted  Technical   Resignation: In case   of a Government Servant who resigns within 8 years ofhis appointment and joins another post in after Technical Resignation; the Government Servant will be treated as & the Government of: 8 from the date of his ` initial appointment , under fresh   recruit   for a after   serving  in Government:  Thus  if a Government  Servant joins   another  Department Government   for 4 years, he  will be treated as a 4 years in the new Department: period years

## Protection, eligibility of service for reckoning of the minimum 2.4 for grant of Annual Increment period past Pay

In cases of appointment of & Government servant to another in Government on acceptance 3379-E.III (BJ65 dated the June, 1965 read with proviso to FR 22-B. Finance OM No. is less than his pay in the he holds substantively, Thus, if the pay fixed in the new defined in FR-9(24). be will draw the presumptive pay of the pay he holds substantivelyas servicev rendered by such & Govemment servant is taken into account for teckoning of Past of annual increment in the new servicel  cadre in the minimum  period  for of FR 26 read with Rule 10 of CCS (RP) Rules, 2016. In Govemment under the provisions he will be entitled to increments for the case the Government servant rejoins his earlier posts, ofhis absence fromithat post: post 17th post post post/ grant period

## 25 GPF transfer

Transfer of GPF resignation' would be governed by Rule 35 of the General Provident Fund (Central Services) Rules, 1960.

## 2.6 Seniority

On technical resignation, seniority in the held by the Government servant substantive basis continues to be protected. However; in deciding to rejoin his substantive post; the in another department which he had joined after   submitting his technical resignation will not count for minimum  qualifying service for promotion in the higher on post period spent post:

In cases where Government servants, who had originally joined government service prior to 01.01.2004, apply for posts in the same O other Departments and on selection are asked to tender technical resignation; the past services are counted towards pension if the new post is in & pensionable establishment in terms of Rule 26(2) of CCS(Pension) Rules 1972 will thus continue to be covered under the CCS(Pension) Rules, 1972 even ifjoin the new after 1.1.2004. they They they post

(Department of Pension & Pensioners Welfare's OMNo = 28/30/2004-P&PW(B) dated 26.07.2005)

## 2.8 New Pension Scheme

In case of 'Technical Resignation of Government servant covered under National Pension  System  (NPS), the balance standing to their Personal Retirement Account (PRA) along-with their PRAN will be carried forward to the new office.

## 2.9 Transfer of Service Book from parent Department to present Department:

As per SR- 198, the Service Book is to be maintained for a Government servant from the date of hishher first appointment to Government service and it must be kept in the custody of the Head of Office in which he is serving and transferred with him from office to office.

## 2.10 Need for Medical examination:

In cases where a person has already been examined by a Medical Board in respect of his previous appointment and if standard Of medical examination prescribed for the new post is the same, then he need not be required to undergo a fresh examination:

## 2.11 Verification of Character & Antecedents

In the case of a person who was originally employed in an office of the Central Government; if the period intervening between date of discharge from his previous office and the date of securing a new appointment; is less than a year, it would be sufficient if the appointing authority, before making the appointment; satisfies itself by & reference to the office in which the candidate was previously employed that (a) that office have verified his character and antecedents; and (b) his conduct while in the employ in that office did not render him unsuitable for employment under Government Tfhowever; more than & year has lapsed  after the   discharge of the person from his previous office, verification should be carried out in fulllafresh; in accordance with O.MNo.18011/9(s)/78-Estt(B) dated July,1982\_ 2nd

## 3.1 Lien

3.1.1 Lien is defined in FR 913). It represents the right of a Govemment employee to hold a regular post, whether permanent or temporary, either immediately o on the termination of the   period of absence. The benefit of  having a lien in a postlservicelcadre is enjoyed by all employees who are confirmed in the postlservicelcadre of Or who have been promoted to a higher post, declared as having completed the probation where it is prescribed. It is also available to those entry

basis to a higher where no probation is who have been promoted on post regular

- however; be subject to the condition that the junior-most 3.1.2 The above right will, to the lower postlservicelcadre if at in the cadre will be liable to be available in that time the number of persons $0 entitled is more than the any cadrelservice. reverted person posts

## 3.2 Lien on a post

a lien on a retains a lien on that A Govemment servant who has postpost acquired

- while performing the duties ofthat post;
- post; transfer to another post; , unless he is transferred (c) during   joining time on in Which case his lien is transferred to the substantively to a on lower pay; duties in the old ffom the date on which he is relieved ofhis new post post; post
- officiating in another while on foreign service, or holding & temporary or post
- while on leave; and

a lien  on a will cease to hold any lien A Government servant on acquiring previously on any other post post. acquired

- while under suspension:
- appointment in another central government officel State 33 Retention of lien for Government
- the Government servant is not confirmed in the (ii) The exceptional cases may be when of 2 years. In such cases he departmentloffice where he has joined withint office for one more year: may be permitted to retain the lien in the While granting such permission;, a fresh undertaking above may be taken from the employee. period parent
- in another Central Government A permanent Government servant has to resign   from his department Department/Officel State   Government; of 2 years, or 3 in unless he reverts to that department  within a be taken from him An undertaking to abide by this condition may cases: at the time of forwarding ofhis to other departmentsloffices. appointed parent years period exceptional application
- extension/ reversion/ resignation of the (iii) Timely action  should be taken to   ensure the prescribed employees to their parent cadres on completion ot suitable action should be In cases, where employees do not to instructions; given by them as per initiated them for violating the agreement} undertaking\_ Adequate  opportunity  may, (i) and   (ii) above consideration. however, be given to the officer to such period respond against prior

(DOPT OMNo.8/4/70-Estt(C) dated 06.03.1974)

- will be to severe connections with the (iv) Temporary Government servants outside No lien will be retained in Government in case of their selection for such cases. required posts:

## 3.4 Termination of Lien

3.4.1 A Government servant' s lien on & post may in no circumstances with his consent if the result will be to leave him be terminated even Unless his lien is transferred, without a lien upon a permanent post: retains lien on that It a Govemment servant holding substantively & permanent post post. will not be correct to a Government servant lien was substantively on the plea that he had to a post he submitting his Technical not requested for retention of lien while condition on that Resignation; a Government  servant  with a deny holding

3.4.2 A Government employee's lien on & post shall stand terminated on his = on a permanent post (whether under the Central acquiring a lien the cadre on which he is Government or & State Government) outside borne:

- No lien shall be retained:
- a. where & Government servant has proceeded on immediate post O service outside his servicel cadrel absorption basis to a post in the Government from the date of absorption; and
- b on servicel deputation beyond the maximum limit admissible orders of the Government issued from time to time under the foreign

(Notification No.28020/1/96-Estt(C) dated 09.02.1998)

## 3.5 Transfer of Lien

which the lien pertains, can be transferred to another the post to provisions of Fundamental post in the same cadre subject to the Rule 15.

(Notification No.28020/1/96-Estt(C) dated 09.02.1998)

## 3.6 Time, Joining Time &Travelling Allowance Joining Pay

Provisions relating to joining time are as follows:

- 3.6.1 For appointment to posts under the Central Government andlor interview 0n results of a competition and permanent/ provisionally\_permanent State Government employees joining time under the CCS(Joining employees will be entitled to qualifying Time) Rules,1979. Joining time will be included as service in the new job.

3.6.2 A boveriment servant on joining time shall be regarded as 0n duty that and shall be entitled to be paid joining time period pay equal to the pay which was drawn before relinquishment of in the old post: He will also be entitled to Dearness any, appropriate to the joining time pay: In  addition, he can transferred. He shall not be allowed he was Allowance. Conveyance  Allowance or permanent   Travelling during charge

- the Central Government on the basis of results of & 3.6.3 For appointments to posts under and others, Central Govemment shall 'be employees entitled to Transfer continuous service would not be entitled forTTA, employees with less that 3 years of are not entitled joining time pay under Joining Time Rules as regular they
- are ~requested\_to\_bring\_the\_instructions/\_guidelines to the\_ notice of all concerned:

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(Mukesh Chaturvedi) Director (Estt ) Telefax: 23093176

To All Secretaries of Ministries Departments.

## to: Copy

2. Vice-President's Secretariat, New Delhi:
2. President's Secretariat, New Delhi
3. The Prime Ministers Office; New Delhi:
5. Rajya Sabha Secretariat Lok Sabha Secretariat New Delh)
4. Cabinet Secretariat; New Delhi.
6. General, the Supreme Court of India; New Delhi;
7. The Comptroller and Auditor General of India New Delhic
6. The Registrar Tribunal, Principal Bench; New Delhi: The Registrar; Central Administrative
8. 9. The Secretary, Union Public Seryice Commission; New Delhi
11. Central Bureau of Investigation, New Delhi:
10. Central Vigilance Commission; New Delhi:
12. 12  All Union Territory Administration
13. 14 ADG (M&C) Press Information Bureau; DoP&T

and also

What is New' \_

16. Hindi Section, DOP&T.
2. (JCM); 13 C, Ferozeshah Road, New 13. Secretary, Staff side, National|Council Delhi:
3. Establishment, Lien it under OMs and Orders, upload

(Mukesh Chaturvedi) Director (Estt;)

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