5 When does a permanent government servant have to resign? servants appointed on or before the 31st day of December, 2003. 4. F.R. In case the Government servant rejoins his earlier posts, he will be entitled to increments for the period of his absence from that post. (iii) If the notice sent by registered post is returned unserved it shall be published in the Official Gazette and upon such publication, it shall be deemed to have been personally served on such Government servant on the date it was published in the Official Gazette. IN WITNESS WHERE OF the Obligor and the surety/sureties hereto have set and subscribed their respective hands hereunto on the day, month and year above written. The order of preference mentioned in the preceding paragraph shall also apply to the payment of gratuity to the family in the event of the death of a temporary Government servant under Rule 10. (2) They shall come into force on the 1st December, 1965. These orders would apply to persons who are in service on the date of issue of this order or are appointed thereafter. Resignation procedure for Central Government Employees - 2.1 Technical 13.7K views View upvotes 3 1 Dr Dushyent Gehlot go. C) ****** (Dated 24 November, 2022 ) OFFICE MEMORANDUM Technical Resignation and Lien This Department has issued various instructions from time to time regarding Technical Resignation and Lien. Technical resignation - Lawyersclubindia 2.1.1 As per to Work in Finance OM No. It has also been decided that the "service element" in the disability pension is required to be refunded in accordance with Home Ministrys order cited above, for purposes of computing the prior military service to the permissible extent for purposes of quasi-permanency. Signed by the above named `Obligor in the presence of, Signed by the above named `Surety/Sureties, Accepted for and on behalf of the President of India by, (Name and designation of the Officer directed or authorized, in pursuance of Article 229 (1) of the Constitution, to accept the bond for and on behalf of the President) in the presence of (Name and designation of witness). (ii) The terminal benefit for military service may also be in the form of "disability pension" which contains a "disability element" as compensation for physical disability and a "service element" representing compensation for the enforced termination of career and for impaired employability. You may be required to submit a regular resignation. Eldest surviving widowed step daughter. 2.1 Technical Resignation. (ii) In the case where the alternative employment is in a lower post/grade and the quasi-permanent pay exceeds the minimum pay of such lower post/grade, pay will be limited to the maximum of the scale of the lower post/grade and no personal pay should be allowed over and above such maximum. (2) Only whole time service of any of the kinds specified above will be recognised as war service. At times, resigning becomes the only choice to pursue a higher role or switch fields. 1. (e) Designation of the officer responsible for payment. Requirement of notice of 3 months on technical resignation from central govt. (G.I., Dept. (a) Only service rendered in a civil post under the Government of India is treated as temporary service for this purpose. These will be in addition to the forms prescribed for termination of service of a temporary Government servant under rule 5 (1) of the Central Civil Services (Temporary Service) Rules, 1965 vide OM No. 2. You need to go through your offer letter which you got before joining current job there must be clause for notice period in case of resignation or new job through proper channel. Provided that the services of any such Government servant may be terminated forthwith and on such termination, the Government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances for the period of the notice at the same rates at which he was drawing them immediately before the termination of his services, or as the case may be, for the period by which such notice falls short of one month. (iii) Ordinarily when a Government servant is actually in service, there would not be any difficulty in serving the notice on him personally or tendering in the presence of some other officer, if he refuses to accept the same. If the person eligible to the gratuity in accordance with that order of preference is totally denied any share in the property of the Government servant under a Will or Deed made by him, such person shall be regarded as ineligible to receive the gratuity which shall then be paid to the next person in the order of preference. The undersigned is directed to refer to the subject mentioned above and to say that various instructions have been issued by the Government from time . Since a temporary Government servant can sever his connection from a Government service by giving a notice of termination of service under Rule 5 (1) of the Central Civil Services (TS). (ii) The cases of quasi-permanent Government servants whose services are similarly terminated under Rule 7 of the Central Civil Services (Temporary Service) Rules, 1965 and who are granted terminal leave, may also be regulated as above. Resignation & notice - Fair Work Ombudsman (ii) Such other service as may hereafter be declared as war service for the purpose of this definition. (GI, Dept. 54/84/51-NGS, dated the 29th July, 1953, No. 28020/1/96-Estt(C) dated 09.02.1998. (9) When the husband declines to accept death gratuity in any capacity:- A case has been reported where on the death of a married woman employee, who left behind minor children, the husband of the deceased had declined to accept the death gratuity in any capacity and also given his consent to pay the same to the real guardian of the deceaseds children. Regardless of the situation, knowing how to write a proper job resignation letter is essential. 14. (A) dt. Eldest surviving widowed adopted daughter. The widower was having another living wife at the time of the death of the deceased Government servant. No. 12.Father} including adoptive parents in the case of. 4/10/66-Ests. (b) The term "Government service" includes periods of duty and periods of leave including extraordinary leave. Transfer of GPF on technical resignation would be governed by Rule 35 of the General Provident Fund (Central Services) Rules, 1960. The balance of unutilized Child Care Leave(CCL) as well as all other leaves of the kind due & admissible will be carried forward. If however, more than a year has lapsed after the discharge of the person from his previous office, verification should be dated carried out in full/afresh, in accordance with O.M. In pursuance of sub-rule (1) of rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, I hereby give notice to Shri/Smt./Kumari..(name) that his/her services shall stand terminated with effect from the date of expiry of a period of one month from the date on which this notice is served on or, as the case may be, tendered to him/her. However, most of the instructions and orders incorporated in the brochure containing the Central Civil Services (Temporary Service) Rules, 1949 are still in force exception so far as they are inconsistent with the Central Civil Services (Temporary Service) Rules, 1965. Counting of past service on submission of technical resignation on or after 1-1-2004 by employees governed by Central Civil Service (Pension) Rules, 1972. . Order of termination of service issued under the proviso to sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 where the appointing authority is the President. (C), dated the 10th March, 1986.). ***** Pay Protection on appointment to Central Government posts on DR basis. Notice of termination of service issued under Rule 5 (1) of the Central Civil Services (Temporary Service) Rules, 1965 where the appointing authority is the President. In case any reference to the relevant OM is required, the same may be accessed by clicking the hyperlink given below: Technical Resignation and Lien - Consolidated guidelines. (6) above. notice of death. In pursuance of the proviso to sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, the President hereby terminates forthwith the services of Shri/Smt./Kumari(name) and directs that he/she shall be entitled to claim a sum equivalent to the amount of his/her pay and allowances for a period one month (in lieu of the period of notice) calculated at the same rate at which he/she was drawing them immediately before the date on which this order is served on or, as the case may be, tendered to him/her. Entitlement to LTC may be carried forward in case of a Central Government Servant who joins another post after having submitted Technical Resignation. No. The question whether the temporary employees should also be allowed the facility, at present admissible for permanent employees, under Rule 48-A of the Pension Rules, of seeking voluntary retirement after completion of 20 years of service has been examined in consultation with the Ministry of Finance, Department of expenditure and the President is pleased to decide that the benefit of the scheme of voluntary retirement be extended to those temporary Government servants who have completed continuous service of 20 years or more. (8) Claim to receive gratuity to remain suspended till conclusion of criminal proceedings in cases where the eligible person is charged with the offence of murdering/abetting the murder of the Government servant:- A question has been raised whether in the case of a person who is eligible to the gratuity in accordance with the order of preference given in GID (6) above, and is charged with the offence of murdering the Government servant or for abetting the commission of such an offence, his claim to receive his gratuity should remain suspended till the conclusion of the criminal proceedings instituted against him. (4) Temporary employees with 20 years of service can seek voluntary retirement under Rule 48-A of Central Civil Services (Pension) Rules, 1972:- In terms of sub-rule (1) of Rule 48-A of Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as the Pension Rules), a Government servant including civilian Government servant in the Defence Services appointed substantively to a civil service or post in a pensionable establishment is eligible to seek retirement from service by giving notice of not less than three months in writing to the appointing authority, after he has completed 20 years qualifying service. Transfer of GPF on technical resignation would be governed by Rule 35 of the General Provident Fund (Central Services) Rules, 1960. 18011/9(s)/78-Estt(B) 2nd July, 1982. (C) dated 30.3.1967). On technical resignation, seniority in the post held by the Government servant on substantive basis continues to be protected. PDF No. 28020/1/2010-Estt.(C) Government of India Ministry of Personnel 2. If the husband declines to accept the gratuity will it pass on to the surviving children of the deceased Government servant in order of next preference? CHAPTER XIV - Indian Railway 9(22), 9(30) and 9(30A) . Find Synonyms. I hereby acknowledge the receipt on this day of the notice of termination from service. 3379-E.III (B)/65 dated the 17th June, 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 resign the previous post for administrative reasons. a technical formality. The affidavit so to be produced is in addition to the indemnity bond with suitable sureties. [MHA OM No.39/14/56-Estt. The Central Civil Services (Temporary Service) Rules, 1965 together with the relevant orders issued by Government from time to time are reproduced below. WHEREAS ( c) was at the time of his death in the employment of the Government/receiving a pension at the rate of Rs..(Rupees ..only) per month from the Government. The practice of obtaining an undertaking from temporary employees regarding forfeiture of pay and allowances should be discontinued where this has not already been done. (A) dated the 6th May, 1958 and he can relinquish his post only when the resignation is accepted and he can be relieved of his duties. AND THESE PRESENTS ALSO WITNESS that the liability of the sureties hereunder shall not be impaired or discharged by reason of time being granted by or any forbearance act or omission of the Government whether with or without the knowledge or consent of the surety/sureties in respect of or in relation to the obligations or conditions to be performed or discharged by the Obligor or by any other method or thing whatsoever which under the law relating to sureties, shall but for this provision have the effect of so relating the surety/sureties from such liability nor shall it be necessary for the Government to sue the Obligor before suing the surety/sureties or either of them for the amount due hereunder, and the Government agrees to bear the stamp duty, if any, chargeable on these presents. Elder surviving widow in the case of a male officer. deceased, resident of ..(hereinafter called the Obligor) and (d)..son/wife/daughter of .. resident of and .. son/wife/daughter of ..resident of ..the sureties for and on behalf of the Obligor(hereinafter called "the Sureties") are held firmly bound to the President of India(hereinafter called "the Government") in the sum of Rs(Rupeesonly) well and truly to be paid to the Government on demand and without a demur for which payment we bind ourselves and our respective heirs, executors , administrators, legal representatives, successors and assigns by these presents. Husband in the case of a female officer. 2.6 Seniority. In the absence of such a declaration, the presumption would be that there is no such Will or Deed and the payment of gratuity can be made strictly according to the order of preference given in Decision No. 12. Station: (Signature of the appointing authority). State Govt employees, bank and any other PSU employees are not entitled to Technical Resignation to join Central Government. 4/1/65-Ests. (i) "Central autonomous body" means a body which is financed wholly or substantially from cess or Central Government grants and includes a Central statutory body or a Central University but does not include a public undertaking falling under the purview of the Bureau of Public Enterprises; (ii) "financed substantially" means that more than 50% of the expenditure is met by cess or Central Government grants. Resignation He shall not be allowed Conveyance Allowance or permanent Travelling Allowance. CCS (CCA) RULES - Resignation from Service procedure substantively to a post on lower pay, in which case his lien is transferred the new post from the date on which he is relieved of his duties in the old post; A Government servant on acquiring a lien on a post will cease to hold any lien previously acquired on any other post. 3.4.1 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. 5,000) in favour of a minor may be made to his/her guardian, in the absence of a natural guardian, without the production of a formal guardianship certificate but subject to the production of an indemnity bond with suitable sureties to the satisfaction of the sanctioning authority. (MHA Memo No. {individuals whose personal law permits adoption. & Pen. noticed that. (8) Under Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, the services of a temporary Government servant, who is not in quasi-permanent service, can be terminated at any time by a notice in writing given either by the Government servant who is not in quasi-permanent service to the appointing authority or by the appointing authority to the Government servant. [MHA OM No. However, no extension of deputation beyond the periods specified in their deputation orders should be allowed. (ii) The Government of India, have standardised the proforma to be used for termination of services of temporary Government servants under rule 5 of the Central Civil Service (Temporary Service) Rules, 1965. In such cases he may be permitted to retain the lien in the parent department/ office for one more year. 1. 1. (2) (a) Where a notice is given by the appointing authority terminating the services of a temporary Government servant, or where the service of any such Government servant is terminated on the expiry of the period of such notice or forthwith the Central Government or any other authority specified by the Central Government in this behalf or a head of Department, if the said authority is subordinate to him, may, of its own motion or otherwise, reopen the case and after making such inquiry as it deems fit-. (ii) whether the said period shall be treated as a period spent on duty for any specified purpose or purposes. (G.I, Dept. In the circumstances described in paragraphs (a . Order of termination of service issued under proviso to sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 during the currency of the notice of termination of services already served on him, where the appointing authority is the President.. This shows respect toward their role in your professional development and also ensures that they can act on the information quickly. Requirement of notice of 3 months on technical resignation from central Provisions relating to joining time are as follows: 3.6.1 For appointment to posts under the Central Government on results of a competition and/or interview open to Government servants and others, Central Government employees and permanent/ provisionally permanent State Government employees will be entitled to joining time under the CCS(Joining Time) Rules, 1979. As per SR- 198, the Service Book is to be maintained for a Government servant from the date of his/her 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. (1) These rules may be called the Central Civil Services (Temporary Service) Rules, 1965. 10. ( d) Full name or names of the sureties with name or names of the father (s)/husband (s) and place of residence. (e) "Defence Services" means services under the Government of India in the Ministry of Defence and in the Defence Accounts Departments under the control of the Ministry of Finance (Department of Expenditure) (Defence Division) paid out of the Defence Service Estimates and not permanently subject to the Air Force Act, 1950 (45 of 1950) or the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957)". Signed this day of ..one thousand, nine hundred and . It is essential, however, that there should be adequate prima facie grounds for making payment as in paragraph 2 above, to the person claiming it. (i) In terms of Rule 9(2) of the CCS (Leave) Rules, 1972, technical resignation shall not result in the lapse of leave to the credit of the Government servant. Shinde Pandurang (Querist) 27 May 2013 Definitely I will tell.sir I have applied for post of staff nurse through proper channel. The Province may make a declaration of default by providing written notice to the Recipient of the condition or event which, in the Province's opinion, constitutes an event of default under subsection 13.1. 3.4.2 A Government employee's lien on a post shall stand terminated on his acquiring a lien on a permanent post (whether under the Central Government or a State Government) outside the cadre on which he is borne. of Pen. 7. It is now decided to. 2) Employers normally don't permitting employees to take annual leave during their notice period so as to provide continuity from business and one smoothly hand-over. 37 Lien & Technical Resignation 315 38 Casual Leave /Special Casual Leave 318 . Such ground can exist only if he is shown by a sworn declaration to be a defacto guardian and his bonafides have been ascertained. 8/4/70-Estt(C) dated 06.03.1974). An employee can take paid annual leave during a notice period if their employer agrees to the leave. In such a case, the resignation of the temporary Government servant will be dealt with under the provision of Home Ministrys OM No. 6. 3.1.1 Lien is defined in FR 9(13). (7) Elimination of beneficiaries by will or deed.- Decision No. Speak to your boss about your resignation and notice period directly, even if you have emailed and given them a hard copy of your letter. 13.2.1. (1-B) In the case of a temporary Government servant who retires from service on attaining the age of superannuation or on his being declared to be permanently incapacitated for further Government service by the appropriate medical authority, after he has rendered temporary service of not less than 10 years or who has sought voluntary retirement by giving three months notice in writing on completion of 20 years service, provisions of sub-rule (1) shall not apply and in accordance with the provisions of the Central Civil Services (Pension) Rules, 1972-, (i) such a Government servant shall be eligible for the grant of superannuation, invalid or retiring pension, as the case may be, and retirement gratuity; and. The question has been considered in consultation with the Ministry of Law and it is clarified that when a temporary Government servant submits a letter of resignation, a distinction should be drawn between a letter of resignation purporting to be a notice of termination of service and one which is not. (d) "War service" as defined below shall be counted as service for purposes of quasi-permanency: (i) Service of any kind in a unit or formation liable for service overseas or in any operational area; (ii) Service in India under military, munitions or stores authorities with a liability to service overseas or in any operational area; (iii) All other service involving subjection to naval, military or air force law; (iv) A period of training with a military unit or formation involving liability to serve overseas or in any operational area; (v) Service in any civil defence organisation specified in this behalf by the Central or the Provincial Government. Thus, if the pay fixed in the new post is less than his pay in the post he holds substantively, he will draw the presumptive pay of the pay he holds substantively as define in FR-9(24). NOTE 1. It is also available to those who have been promoted on regular basis to a higher post where no probation is prescribed under the rules, as the case may be. View OM - CCIS when the officer is on long leave, service should be terminated forthwith with an offer to pay a months salary in lieu of notice as provided in the Rules. The benefit of past service is allowed in such cases subject to the fulfillment of the following conditions: (i) the Government servant should intimate the details of such application immediately on their joining; (ii) the Government servant at the time of resignation should specifically make a request, indicating that he is resigning to take up another appointment under the Government for which he applied before joining the Government service; (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.
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