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bmkraju
11-12-2010, 05:38 PM
I worked for 5 years 8 months in an autonomous organization under Govt. of India. While I was in this service, in response to an open advertisement, I applied for a senior post in another autonomous organization under Govt. of India through proper channel. Up on my selection, my parent organization relieved me (wef 20-08-2008 AN) allowing me 2 years lien on my parent post. Now I wish to continue my service in current department. I sent technical resignation through proper channel requesting my parent department to accept my technical resignation with effect from date of my relieving. My parent department sent a letter to me to pay leave salary and pension contribution for the period of lien. I have seen some cases (precedence) in my parent department; where technical resignations were accepted from the date of relieving and LSPC was not paid for lien period.

I saw a DOPT OM No. 6/8/2009 Estt. (Pay II) dated 17th June 2010 which says

3.2 The following types of appointments will not be treated as deputation / foreign service
for the purposes of these orders:
(a) appointment of serving employees made either by promotion or by direct recruitment
from amongst open market candidates whether on permanent or temporary basis.

I think it is telling my situation. If it is not foreign service / deputation, then issue of LSPC for lien period arise ?

Please guide me.

Victor
11-12-2010, 10:03 PM
I worked for 5 years 8 months in an autonomous organization under Govt. of India. While I was in this service, in response to an open advertisement, I applied for a senior post in another autonomous organization under Govt. of India through proper channel. Up on my selection, my parent organization relieved me (wef 20-08-2008 AN) allowing me 2 years lien on my parent post. Now I wish to continue my service in current department. I sent technical resignation through proper channel requesting my parent department to accept my technical resignation with effect from date of my relieving. My parent department sent a letter to me to pay leave salary and pension contribution for the period of lien. I have seen some cases (precedence) in my parent department; where technical resignations were accepted from the date of relieving and LSPC was not paid for lien period.

I saw a DOPT OM No. 6/8/2009 Estt. (Pay II) dated 17th June 2010 which says

3.2 The following types of appointments will not be treated as deputation / foreign service
for the purposes of these orders:
(a) appointment of serving employees made either by promotion or by direct recruitment
from amongst open market candidates whether on permanent or temporary basis.

I think it is telling my situation. If it is not foreign service / deputation, then issue of LSPC for lien period arise ?

Please guide me.

Leave Salary and Pension Contribution is payable only in cases of deputation on foreign service terms. Your case is not covered under this as you joined as a Direct Recruit in the new organisation and had the option of reverting back to your previous organisation within a period of two years.

I suggest you represent and ask your previous organisation for the relevant rule/order under which the claim has been preferred.

Victor

bmkraju
12-12-2010, 02:07 AM
Dear Sir,

Thank you very much for the guidance.

Whether my technical resignation can be accepted w.e.f. the date of my relieving i.e 20-8-2008 or it will be accepted post expiry of my lien period i.e. w.e.f. 20-8-2010.
If it is accepted w.e.f. 20-8-2010, will there be any problem like double service ?

Kindly clarify me. I am in confusion.

Victor
13-12-2010, 10:07 AM
Dear Sir,

Thank you very much for the guidance.

Whether my technical resignation can be accepted w.e.f. the date of my relieving i.e 20-8-2008 or it will be accepted post expiry of my lien period i.e. w.e.f. 20-8-2010.
If it is accepted w.e.f. 20-8-2010, will there be any problem like double service ?

Kindly clarify me. I am in confusion.

Kindly refer to GOI Order No. 2 below FR 13 in this regard. You have to resign at the end of the two year period. The resignation will most probably be accepted from 20.8.2010. There should not be any problem of 'double service' as you are drawing salary from only one source. Further, there is no provision of LSPC to be paid by anybody.

Victor

bmkraju
16-12-2010, 01:31 AM
Dear Sir,

I drafted my reply as per your guidance. An officer in my present organization saw the reply and para 3.2 of DOPT OM No. 6/8/2009 Estt. (Pay II) dated 17th June 2010 and commented that DOPT direction is clear for 'appointment of serving employees made by direct recruitment from amongst open market candidates' but it is silent on 'appointment of serving employees made by direct recruitment from amongst open market candidatesholding lien with parent department'.

If it is a valid point, can I use para 3 and 3.1 of the said OM which reads

"
3. Scope of term 'deputation/foreign service' - Restrictions on treating an appointment as on deputation/ foreign service.

3.1 The terms deputation/foreign service will cover only those appointments that are
made by transfer on a temporary basis provided the transfer is outside the normal field of
deployment and is in public interest. The question whether the transfer is outside the normal field of deployment or not will be decided by the authority which controls the service or post from which the employee is transferred.

"

My appointment in the current department is neither made by transfer on a temporary basis nor is in public interest. Therefore the terms deputation/foreign service are not applicable. As a result issue of LSPC for lien period does not arise. Can I give reply like this ?

Please help me.

The rules contained in the said OM will be applicable for Centrally (GoI) sponsored autonomous bodies ?
Whether a copy of my reply can be sent to DOPT ?
I have seen some cases (precedence) in my parent department; where technical resignations were accepted from the date of relieving and LSPC was lien period was waived. Can I write this in my reply ?

Victor
16-12-2010, 11:41 AM
Your case is not covered under deputation/foreign service rules. A direct recruit is a direct recruit and there is no separate category of direct recruits who are serving employees.

Victor

bmkraju
18-02-2011, 10:25 AM
I am very much thankful to gconnect in general and Shri Victor ji in particular.

For transfer of prorata pension for counting of my past service, and transfer of Service book and ACRs, GPF, GSLIS, DCRR to my present department whether I have to write directly to my parent department with a copy to present department or my present department has to write to my parent department. Please guide me.