As per the guidelines of the Government of India, a 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 such a situation, the resignation is treated as technical resignation if these conditions are met, even if the Government servant has not mentioned the word “technical” while submitting his resignation in the previous post.
In the case of technical resignation, the benefit of past service, if otherwise admissible under rules, may be given.
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, the Government has clarified that there is no question of giving benefit of a resignation being treated as a technical resignation in case of it being from a post held on ad hoc basis.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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