No. 28020/2/2018-Estt.

(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block, New Delhi

Dated 27th August, 2018
OFFICE MEMORANDUM

Subject: Master Circular on Technical resignation and lien in Central Services-reg.

The undersigned is directed to refer to this Departments OM No.

28020/1/2010 dated 17.08.16 on the above subject and to say that guidelines/
instructions regarding lien/technical resignation have been issued from time to time. It
is now proposed to further consolidate these instructions to provide clarity and ease of
reference.

2. Before the Master Circular is finalized, it is requested to furnish

comments/views in this regard, if any, by 10.9.20 18 to the undersigned at the e-mail
address: jha.sn('nic.in.

(Surya Narayan Jha)

Under secretary to the Government of India
Telefax: 23094248
To
All Secretaries of Ministries / Departments.

Copy to:
1. President's Secretariat, New Delhi.
2. Vice-President's Secretariat, New Delhi.
3. The Prime Minister's Office, New Delhi.
4. Cabinet Secretariat, New Delhi.
5. Rajya Sabha Secretariat/Lok Sabha Secretariat, New Delhi.
6. The Registrar General, the Supreme Court of India, New Delhi.
7. The Registrar, Central Administrative Tribunal, Principal Bench, New Delhi.
8. The Comptroller and Auditor General of India, New Delhi.
9. The Secretary, Union Public Service Commission, New Delhi.
10. Central Vigilance Commission, New Delhi.
11. Central Bureau of Investigation, New Delhi.
12. All Union Territory Administration
 No. 28020/3/2018-Estt.(C)
Government of India
Ministry of Personnel, PG and Pensions
Department of Personnel & Training

North Block, New Delhi

Dated: , 2018

OFFICE MEMORANDUM

Subject: Master Circular on Technical resignation and Lien in Central Services-reg.

The undersigned is directed to refer to this Department's O.M No.

28020/ 1/2010-Estt(C) dated 17.08.16 wherein consolidated instructions on Lien
/ Technical resignation were issued.

2. It has been decided to consolidate the instructions/guidelines in relation to on

Lien! Technical resignation as a Master Circular to provide clarity and ease of
reference. The consolidated guidelines issued vide O.M. dated 17.08.16 has been
suitably updated as on date and the same is enclosed. The list of O.Ms issued till date
is at Appendix.

(N. Sriraman)
Director (Establishment)
Telefax: 23094637

Copy to:

All Ministries/ Departments of Government of India.

Copy to:

(I) The Presidents Secretariat, New Delhi

(II) The Vice- President's Secretariat, New Delhi
(III) The Prime Minister's Office, New Delhi
(IV) The Cabinet Secretariat, New Delhi
(V) The Rajya Sabha Secretariat, New Delhi
(VI) The Lok Sabha Secretariat, New Delhi
(VII) The Controller and Auditor General of India, New Delhi
(VIII) The Secretary, Union Public Service Commission
(IX) The Secretary, Staff Selection Commission
(X) All Attached offices under the Ministry of Personnel, Public Grievances and
Pensions
(XI) All Officers and Section in the Department of Personnel & Training
 Master Circular on Lien! Technical resignation in Central Services

TECHNICAL RESIGNATION

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 from 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. Resignation in other cases including where
competent authority has not allowed the Government servant to forward the
application through proper channel will not be treated as a technical resignation and
benefit of past service will not be admissible. Also, no question of benefit of a
resignation being treated as a technical resignation arises in case of it being from a
post held on ad hoc basis.

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 fulfilment of the following conditions:-

a. the Government servant should intimate the detalls of such application

immediately on her joining;

b. the Government servant at the time of resignation should specifically

make a request, indicating that she is resigning to take up another
appointment under Government for which she had applied before joining
the Government service;

c. 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, her application would have been forwarded
through proper channel.

Carry forward of Leave benefits

3 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
unutilised CCL as well as all other leaves of the kind due & admissible will be carried
forward.
4 As per rule 39-D of the CCS(Leave) Rules,1972, 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.

Carry forward of LTC

5. 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 Govt Servant who resigns within 8 years of his appointment and joins another
post in the Government after Technical Resignation, Govt Servant will be treated as a
fresh recruit for a period of 8 years from the date of his initial appointment under
Government. Thus, if a Government servant joins another Department after serving in
Government for 4 years, he will be treated as a fresh recruit for 4 years in the new
Department.

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

6. In cases of appointment of a Government servant to another post in

Government on acceptance of technical resignation, the protection of pay is given in
terms of the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965
read with provisions of FR 22-B. 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 post he
holds substantively as defined in FR-9(24). 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 under the
provisions of FR 26 read with Rule 10 of CCS(RP) Rules, 2016. In case the
Government servant re-joins his earlier posts, he will be entitled to increments for the
period of his absence from the post.

7. GPF transfer

Transfer of GPF on technical resignation would be governed by Rule 35 of the

General Provident Fund (Central Services) Rules, 1960.

8. 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 the another
Department which he had joined after submitting his technical resignation will not
count for minimum qualifying service for promotion in the higher post.
9. 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 in terms of Rule
26(2) of CCS(Pension) Rules 1972. They will thus continue to be covered under the
CCS(Pension) Rules, 1972 even if they join the new post after 01.01.2004.

10. 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.

11. 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.

12. 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.

13. 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 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. If, however, more than a year has lapsed after the discharge of the
person from his previous office, verification should be carried out in full/afresh.
LIEN

14. 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. The benefit of having a lien in a
post/service/cadre is enjoyed by all employees who are confirmed in the
post/service/cadre of entry 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 who
have been promoted on regular basis to a higher post where no probation is prescribed
under the rules, as the case may be.

15. 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.

16. Lien on a post

A Government servant who has acquired a lien on a post retains a lien on that
post—

(a) while performing the duties of that post;

(b) while on foreign service, or holding a temporary post or officiating in
another post;
(c) during joining time on transfer to another post; unless he is transferred
substantively to a post on lower pay, in which case his lien is transferred
to the new post from the date on which he is relieved of his duties in the
old post;
(d) while on leave; and
(e) while under suspension.

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

17. Retention of lien for appointment in another central government office!

state government

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 exceptional cases. An undertaking to abide by this condition may be
taken from him at the time of forwarding of his application to other
departments / offices.
 ii. The exceptional cases may be when the Government servant is not confirmed in
the department/office where he has joined within a period of 2 years. In such
cases he may be permitted to retain the lien in the parent department! office for
one more year. While granting such permission, a fresh undertaking similar to
the one indicated above may be taken from the employee.

iii. Timely action should be taken to ensure extension! reversion/ resignation of

the employees to their parent cadres on completion of the prescribed period of
2/3 years. In cases, where employees do not respond to instructions, suitable
action should be initiated against them for violating the agreement/
undertaking given by them as per (i) and (ii) above and for termination of their
lien. Adequate opportunity may, however, be given to the officer prior to such
consideration.

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

18. Termination of Lien

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. Unless his lien is transferred, a Government servant holding
substantively a permanent post retains lien on that post. It will not be correct to deny
a Government servant lien to a post he was holding substantively on the plea that he
had not requested for retention of lien while submitting his Technical Resignation, or
to relieve such a Government servant with a condition that no lien will be retained.

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.

No lien shall be retained:

(a) where a Government servant has proceeded on immediate absorption

basis to a post or service outside his service/ cadre/ post in the
Government from the date of absorption; and

(b) on foreign service/ deputation beyond the maximum limit admissible

under the orders of the Government issued from time to time.
19. Transfer of Lien

The lien of a Government servant, who is not performing the duties of the post
to which the lien pertains, can be transferred to another post in the same cadre
subject to the provisions of Fundamental Rule 15.

20. Joining Time, Joining Time Pay &Travelling Allowance

Provisions relating to joining time are as follows:

20.1 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.
Joining time will be included as qualifying service in the new job.

20.2 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. He will also be entitled to
Dearness Allowance, if any, appropriate to the joining time pay. In addition, he can
also draw compensatory allowances like House Rent Allowance as applicable to the old
station from which he was transferred. He shall not be allowed Conveyance Allowance
or permanent Travelling Allowance.

20.3 For appointments to posts under the Central Government on the basis of
results of a competition and br interview open to Government servants and others,
Central Government employees and permanent/ provisionally permanent State
Government employees shall be entitled to Transfer Travelling Allowance(TTA).
However, temporary Central Government employees with less than 3 years of regular
continuous service would not be entitled for TTA, as they are not entitled joining time
pay under Joining Time Rules.

APPOINTMENT OF CENTRAL GOVERNMENT SERVANTS IN CENTRAL PUBLIC

ENTERPRISE ON IMMEDIATE ABSORPOTION BASIS

Regarding granting terminal benefits to the Government servants going over to the
Public enterprises on immediate absorption basis, the following terms and conditions
may be referred:-

21. Release of the Government servants for appointment in the enterprises

A Government servant who has been selected for a post in a Central Public Enterprise
may be released only after obtaining and accepting his resignation from the
Government service.
22. Retention of lien/quasi-permanent status: -

No lien/quasi-permanent status of the Government servant concerned will to

retained in his parent cadre. All his connections with the Government will be severed
on his release for appointment in an enterprise and he will not be allowed to revert to
his parent cadre.

23. Pay fixation:-

A Government servant selected for a post in a Central Public Enterprise will be

free to negotiate his emoluments with the enterprise. On appointment to a post in a
public sector enterprise on immediate absorption basis, a Government servant will be
at par with other employees of the enterprise and will be governed by the rules of the
enterprise in all respects.

24. Pension benefits:-

Resignation from Government service with a view to secure employment in a

Central public enterprise with proper permission will not entail forfeiture of the
service for the purpose of retirement/terminal benefits. In such cases, the
Government servant concerned shall be deemed to have retired from service
from the date of such resignation and shall be eligible to receive all
retirement/terminal benefits as admissible under the relevant rules applicable
to him in his parent organization.
ii. The officer eligible for pension should exercise an option within 6 months of the
date of his resignation for either of the following two alternatives:-

a. Pro-rata monthly pension and death-cum-retirement gratuity admissible

under the relevant rules.
b. Pro-rata gratuity and a lump sum amount in lieu of pension worked out
with reference to the commutation tables applicable on the date of
resignation.

NOTE: Where no option is exercised within the prescribed time limit, the
officer will be governed by alternative (a) above. Option once exercised
shall be treated as final.

iii) Any further liberalization of pension rules decided upon by Government after
the date of resignation of a Central Government servant to join the public
enterprise will not be extended to him.

iv) A Government servant who opts for pro-rata monthly pension on his
resignation from Government service will not be entitled to relief on pension
during his service in the public enterprise.
25. Leave:

A Government servant taking up an appointment in a Central public enterprise will be

entitled to encashment of earned leave to his credit at the time of acceptance of his
resignation from Government service, subject to a limit of 180 days. Half pay leave will
stand forfeited.

26. Family pension:

If there is no family pension scheme in a public enterprise, or if the officer does

not become eligible to join family pension scheme in the enterprise, the family pension
as admissible under the Central Government will be allowed to him.

26.2. For the purpose of these instructions immediate absorption means acceptance
of resignation of an officer from Government service to enable him to take up an
appointment in a Central public enterprise, for which he had applied with proper
permission.

26.3. Since the terminal benefits mentioned above are admissible only to those
officers who leave Government service to secure employment in the enterprise, with
proper permission, a case of grant of these benefits may be processed only after
ascertaining from the enterprise concerned that the officer has actually joined them.

26.4. The stipulation of 'immediate absorption' will apply to all appointments of

Central Government servants in the Central public enterprises, irrespective of the level
of appointment, the mode of recruitment, and whether an appointment is in public
interest or otherwise, but subject to the exceptions made in the OM dated 6.3.1985
referred to above.

26.5. For the purpose of these orders, a Central public enterprise is an undertaking
wholly or substantially owned by the Government of India, and which is accepted as
such by the bureau of Public Enterprises.

26.6. The terminal benefits etc. enumerated in para 1 above will be admissible to all
Central Government servants, who secure appointments in Central public enterprises
with proper permission. A Government servant selected for appointment in an
enterprise on the basis of an application submitted by him before joining the
Government service will be deemed to have applied with proper permission for the
purpose of these orders.
26.7. All existing instructions on the subject will stand amended/ superseded to the
extent indicated in the preceding paragraphs. Formal amendments in the statutory
rules, where considered necessary, will be carried out in due course.

26.8. All cases of grant of pensionary benefits etc. to Government servants, who are
appointed in the Central public sector enterprises on immediate absorption basis,
shall be decided by the administrative Ministries/Cadre Controlling
Authorities/Authorities competent to accept resignation of a Government servant in
accordance with provisions of this OM All other cases not covered under the provisions
of this OM or which require relaxation of any provision should continue to be referred
to the Bureau of Public Enterprises with necessary service particulars. Cases of
doubtful nature also should continue to be referred to the Bureau of Public
Enterprises.

** ** * * * * *
 Appendix

S.No O.Ms and Date Subject

1 Ministry of Finance, Department of Termination of lien of Permanent Government on
Expenditure O.M. No F.4(3)-E- foreign service in the
IV/63 dated 1.10. 1963 event of permanent absorption under the foreign
employer
2. Ministry of Finance O.M. No. 3379- Resignation
E-III(B)/65 dated 17.6.65
3. Ministry of Home Affairs O.M. No Forwarding of applications of Government
60/37 / 63-Estt(A) dated 14.7.1967 servants working in a department /office to posts
in other Central Government Department /offices
- questions regarding the retention of lien in the
parent Department.
4. Department of Personnel and Forwarding of applications of Government
Administrative Reforms O.M. No servants working in a department /office to posts
8/ 4 /70-Estt(C) dated 6.3.74 under the state Governments -procedure
including retention of lien.
5 Department of Personnel and Forwarding of applications of Government
Administrative Reforms O.M. No servants working in a department /office to posts-
280 15/2/80-estt(C) dated - questions regarding the retention of lien in the
22.7. 1980 parent Department.
6. DOPT O.M. No. 1801 1/9(s)/78- Verification of character and antecedents of
Estt(B) dated 2.7.1982 Central government servants securing new
appointment.
7 DOPT O.M. No. 28016/5/85-Estt(C) Appointment of Central government Employees in
dated 31.1.1986 the Central Public Enterprises on immediate
absorption basis - terms and conditions
including retention of lien.
8 O.M. No. 13/24/92-Estt(Pay-I) Benefit of past services to Central Government
dated 22.0 1.1993 servants who had applied before joining the
Government service and on that account
application was not routed through proper
channel.
9 DOPT notification No. 28020/1/96 Amendments to Fundamental Rules 9(13),12,13
dated 9.2.1998. and 14 on lien etc.
10 DOPT O.M. no. 180 11/1/86-estt(D) The right of government employees to the benefit
dated 28.3.1998 of having lien -clarifications.
11 Department of Pension and Counting of past services of Central government
Pensioners welfare O.M. No. employees towards pension on joining a new post
28 / 30 / 2004-P&PW(B) dated in pensionable establishment.
26.7.2005
12. DOPT O.M. No. 3 1011/7/2013 - Carry forward of LTC in cases of government
Estt A-TV dated 26.9.20 14 servants joining a new post after tendering
technical resignation.