Informational Guide: Consolidated Guidelines on Technical Resignation and Lien
Circular Number:
No.DOPT-1669266628362
Published By:
Department of Personnel and Training (DoPT)
Date:
November 24, 2022
English: The Department of Personnel and Training has consolidated all existing guidelines regarding Technical Resignation and Lien for Central Government employees. Technical resignation occurs when an employee resigns to join another government post through proper channel, preserving benefits like past service, leave balance, and GPF. Lien represents the right to hold a permanent post and has specific rules for retention, transfer, and termination.
Hindi: कार्मिक और प्रशिक्षण विभाग ने केंद्र सरकार के कर्मचारियों के लिए तकनीकी इस्तीफा और अधिकार-प्रतिधारण (लाइन) के संबंध में सभी मौजूदा दिशा-निर्देशों को समेकित किया है। तकनीकी इस्तीफा तब होता है जब कोई कर्मचारी उचित चैनल के माध्यम से किसी अन्य सरकारी पद पर जाने के लिए इस्तीफा देता है, जिसमें पिछली सेवा, अवकाश शेष और जीपीएफ जैसे लाभ सुरक्षित रहते हैं। अधिकार-प्रतिधारण एक स्थायी पद रखने का अधिकार है और इसे बनाए रखने, स्थानांतरण और समाप्ति के लिए विशिष्ट नियम हैं।
Official Subject
Technical Resignation and Lien - Consolidated Guidelines
Important Extracts from the Circular
"As per the Ministry of Finance OM No. 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."
"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. The balance of unutilized Child Care Leave(CCL) as well as all other leaves of the kind due & admissible will be carried forward."
"Lien is defined in FR 9(13). It represents the right of a Government employee to hold a regular post, whether permanent or temporary, either immediately or on the termination of the period of absence."
Exact Circular Content
GOVERNMENT OF INDIA
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
OFFICE MEMORANDUM
No.DOPT-1669266628362
Dated 24 November, 2022
This Department has issued various instructions from time to time regarding Technical Resignation and Lien. It is now decided to consolidate these instructions at one place for better understanding and guidance, as under:
2.1 Technical Resignation
2.1.1 As per the Ministry of Finance OM No. 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. 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, if otherwise admissible under rules, may be given in such cases.
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 subject to fulfillment of specific conditions.
2.2 Carry forward of Leave benefits
(i) 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) In case of permanent absorption in PSUs/Autonomous Bodies/State Government etc., the Government servant shall be granted cash equivalent of leave salary in respect of EL & HPL at his credit subject to overall limit of 300 days.
2.3 Carry forward of LTC
Entitlement to LTC may be carried forward in case of a Central Government Servant who joins another post after having submitted Technical Resignation. In case of a Government Servant who resigns within 8 years of his appointment and joins another post in the Government after Technical Resignation, the Government Servant will be treated as a fresh recruit for a period of 8 years from the date of his initial appointment under Government.
2.4 Pay Protection, eligibility of past service for reckoning of the minimum period for grant of Annual Increment
In cases of appointment of a Government servant to another post in Government on acceptance of technical resignation, the protection of pay is given. Past service rendered by such a Government servant is taken into account for reckoning of the minimum period for grant of annual increment in the new post/service/cadre in Government.
2.5 GPF transfer
Transfer of GPF on technical 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 post held by the Government servant on substantive basis continues to be protected. However, in case of a Government servant deciding to rejoin his substantive post, the period spent in another department which he had joined after submitting his technical resignation will not count for minimum qualifying service for promotion in the higher post.
2.7 Applicability of Pension Scheme
In cases where Government servants, who had originally joined government service prior to 01.01.2004, apply for posts in the same or other Departments and on selection they are asked to tender technical resignation, the past services are counted towards pension if the new post is in a pensionable establishment terms of Rule 26(2) of CCS (Pension) Rules 1972.
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 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.
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 a reference to the office in which the candidate was previously employed.
3.1 Lien
3.1.1 Lien is defined in FR 9(13). It represents the right of a Government employee to hold a regular post, whether permanent or temporary, either immediately or on the termination of the period of absence.
3.1.2 The above right will, however, be subject to the condition that the junior-most person in the cadre will be liable to be reverted to the lower post/service/cadre if at any time the number of persons so entitled is more than the posts available in that cadre/service.
3.3 Retention of lien for appointment in another Central Government office/State Government
(i) A permanent Government servant appointed in another Central Government Department/Office/ State Government, has to resign from his parent department unless he reverts to that department within a period of 2 years, or 3 years in unless he exceptional cases.
(iv) Temporary Government servants will be required to severe connections with the Government in case of their selection for outside posts. No lien will be retained in such cases.
3.4 Termination of Lien
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.
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.
3.6 Joining Time, Joining Time Pay & Travelling Allowance
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.
3.6.2 A Government servant on joining time shall be regarded as on duty during that period and shall be entitled to be paid joining time pay equal to the pay which was drawn before relinquishment of charge in the old post.
4. All Ministries/ Departments are requested to bring the instructions/ guidelines to the notice of all concerned.
5. In case any reference to the relevant OM is required, the same may be accessed by clicking the hyperlink given below:
Simplified Explanation
- Technical Resignation Definition: When a government employee resigns to join another government post through proper channel, it's "technical" and preserves service benefits like pension, leave, and seniority protections.
- Lien Protection: Lien is your right to a permanent post. It continues during leave, deputation, suspension, or while holding temporary posts, with specific rules for retention and termination.
- Benefit Continuity: Technical resignation allows carry-forward of leave balance (including CCL), LTC entitlements, GPF balance, and protects pay and seniority in most cases.
Who Is Affected
- Central Government employees planning to shift between departments/ministries within the government.
- Employees moving from Central Government to State Government or vice-versa on deputation/transfer.
- Government servants covered under Old Pension Scheme (pre-2004) and New Pension System (NPS).
- Administrative departments and HR personnel processing resignations and lien cases.
Practical Implications
- Proper Channel Mandatory: Applications must be routed through proper channel for resignation to be considered "technical" and retain benefits.
- Time-bound Lien Retention: When joining another department, lien can be retained for 2-3 years only; beyond that, resignation from parent department is required.
- Documentation: Service books must transfer with the employee; medical exam may be waived if standards are same; character verification may be simplified if gap is less than one year.
Frequently Asked Questions (FAQs)
Q1. What's the difference between regular resignation and technical resignation?
Answer: Regular resignation severs all service connections, while technical resignation (when moving to another government post through proper channel) preserves past service benefits, leave balance, and other entitlements.
Q2. How long can I retain lien in my parent department when joining another?
Answer: Generally 2 years, extendable to 3 years in exceptional cases. After this period, you must either revert to parent department or resign from it.
Q3. Does technical resignation affect my pension?
Answer: For employees who joined before January 1, 2004, past service counts toward pension if the new post is in a pensionable establishment. NPS subscribers' PRAN and PRA balance transfer to the new office.
Q4. What happens to my leave balance during technical resignation?
Answer: All leave balances (including Child Care Leave) carry forward to the new post. There's no lapse of earned leave due to technical resignation.
This is an unofficial, independent informational summary created for educational purposes only.
For authoritative and legally binding information, please refer to the original circular published by the Department of Personnel and Training.
