July 25, 2012 at 3:04 pm #67734
If a teacher allowed mutual transfer, whether he has to “resign” from his old school or “get released” from his old school as an AT should be used. i.e WHAT DOES the word “RESIGN” means in this case? With thanks.July 25, 2012 at 4:01 pm #73386
Actual meaning of “Resign”
As its a transfer from one school to another, not end of service, he should get released.July 25, 2012 at 4:34 pm #73388
I think so, but the HM is advising to use the word “RESIGN”. What should I do? With thanks.July 25, 2012 at 4:58 pm #73391
You should never write the word “Resign”. Show him the dictionary and ask him to show relivant documents on support of his advice.July 25, 2012 at 5:13 pm #73392
“Resignation” should not to be used; because in mutual transfer, service is not TERMINATED.July 26, 2012 at 2:45 am #73404
In my opinion you should write that ” in view of transfer from this school to(Give the name of the School where you have been transferred),I may kindly be relieved from this School with immediate effect to join my new place of posting in compliance to the transfer order and oblige”. Never use the word resign if you want to continue in the job. If you can not write using the appropriate english word then write in Bengali . Resignation can be tendered at the old place of work if you are getting a new job at any other school which is not governed by the laws of W.B Government. For example if you join any unaided Missionary school or any Convent school or any Kendriya Vidyalaya then you can resign from the present job and join. But as yours’ is a case of mutual transfer under the same administration, no question of tendering the resignation arises. Even in those cases if the application is submitted through Proper Channel then you have a right to maintain the lien in your old job for a specific period to enable you to re-join in case you did not like the new job.July 30, 2012 at 7:09 pm #73493
Dear friends, with due respect i would like to ask you what “technical resignation” is? If i am not mistaken every time resignation does not mean termination of service. And as far as my knowledge goes School Education Department is working on this. Hope you don’t mindJuly 31, 2012 at 12:01 am #73495
Thanks dear friend. As far as my knowledge is concern, “technical resignation” means “resignation from a post for joining a different cadre or post”. I dont think its a different cadre and there is no Govt. order I have seen in this regard. If you have seen the same or know more about it, please share.August 20, 2012 at 3:13 pm #73709
I think the H.M. of Mr. Malay Bhunia has rightly asked him to submit “resignation” (in this case the appropriate phrase is “technical resignation” for service continuation) prior to his relief of duty from old school. No doubt he is entitled to the benefits of past service in new school as he has applied through proper channel for mutual transfer. I am of the opinion that requirement of submission of resignation is due to change of appointing authority (here, School Authority) for mutual transfer in aided / sponsored schools, in contrast to the cases of govt. teachers /employees where transfer takes place in the same govt. department (i.e. under the control of same appointing authority). A careful reading of proviso to sub-rule 17 of Rule 4 in Notification No. 348-SE/S/IS-06/2012 dated 21.02.2012 of WBSSC (Mutual Transfer) Rules,2012 clearly implies that the D.I.s of School, upon receipt of the “papers of mutual transfer” from the school authority, are required to “ issue fresh approvals of appointment to the incumbents” . If such is the case, the authority of new school after obtaining recommendation letter from SSC, is likely to issue formal offer of appointment to the incumbent teachers who, on receipt of such appointment letters, will submit resignation to the authority of old school, seeking relief of duty to join new school. His appointment is new school will be approved by the concerned D.I. Now, it requires to be clarified whether the expression “papers of mutual transfer” also includes resignation letter or not in addition to other connected documents.
I agree that the matter of technical resignation is attracted by ex-cadre appointment (maybe intra or inter departmental affair). But, it is not always true. Appointment of an employee to the higher post in the same cadre in the same department through OPEN SELECTION procedure (open competitive exam./interview) ( and not through normal channel of promotion that takes place on DPC recommendations) also involves technical resignation when there is a question of counting of past service in new post.
From my personal experience I can say that it would not be a himalayan blunder on the part of an employee or a threat to his service career if he/she mistakenly (unknowingly) uses the term “resignation” instead of “technical resignation” in his resignation letter. The expression “technical resignation” construes resignation for “technical formality” to extend the benefits of service continuity in new post in the same/ new department and, nothing else. If an employee applies for new post in a proper manner (through proper channel) he is entitled to all the benefits of past service in the matter of pay, pension, leave etc. on his appointment to the new post if permissible under recruitment rules of the new service irrespective of the fact that whether it is a case of “resignation” or “technical resignation”. It is implicit that his/her service would continue in new post. His past service would not be terminated/ forfeited as he has applied through proper channel and takes new appointment with due permission/consent of previous employer. This is the inherent MERIT of his case. He/she should get the benefit as he/she is eligible for it under rules. But, he/she should never forget to claim the benefits of past service in resignation letter. As far as my knowledge goes the term “resignation” (and not technical resignation) is available to central govt. rules (dealing with change of job) and Memorandums made thereunder for purpose of allowing past service benefits to eligible employees. A good administrator always judges MERIT OF THE CASE without insisting on the hackneyed terminology. So, don’t worry about the conflict between “resignation” and “technical resignation”.August 21, 2012 at 4:19 am #73718
Dear friends, With a view to having a proper understanding of the usage of term “resignation” in govt. service I am providing some excerptions of Central Civil Service Rules and their clarifications dealing with resignation and attached benefits. This is for reference. Pls see the attachment and carefully study the portions marked/highlighted in red. Pls don’t always go by the literal meaning of a term/phrase but insist on its usage in the rules and circumstances. Meaning of a word varies depending on its usage. The term “resignation” may either take away benefits from you by terminating your service career (if tendered in personal interest) or gift a lot of benefits to you by taking you to further higher level (if tendered in public interest) depending on the MERIT OF THE SITUATION. I expect more interactions/ valuable comments from other members of this forum. Best of luck! Rule of Resignation.pdf
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