Rule 26 - Resignation Withdrawal
Original Rule Text
26. Forfeiture of service on resignation.- (1) Resignation from a service or a post, unless it is allowed to be withdrawn in the public interest by the appointing authority, entails forfeiture of past service.
(2) A resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies.
(3) The order accepting the resignation should clearly indicate that the Government servant has resigned to join another appointment with proper permission and a specific entry to this effect shall also be made by the Head of Office in the service book of the Government servant.
(4) Interruption in service in a case falling under sub-rule (2), due to the two appointments being at different stations, not exceeding the joining time permissible under the rules of transfer, shall be covered by grant of leave of any kind due to the Government servant on the date of relief or by formal condonation to the extent to which the period is not covered by leave due to him.
(5) The appointing authority may permit a person to withdraw his resignation in the public interest on the following conditions, namely :-
(i) that the resignation was tendered by the Government servant for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him to tender the resignation ;
(ii) that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the person concerned was in no way improper ;
(iii) that the period of absence from duty between the date on which the resignation became effective and the date on which the person applies for permission to withdraw the resignation is not more than ninety days;
(iv) that the post, which was vacated by the Government servant on the acceptance of his resignation or any other comparable post, is available.
(6) Request for withdrawal of a resignation shall not be accepted by the appointing authority where a Government servant resigns his service or post with a view to taking up an appointment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by the Government.
(7) When an order is passed by the appointing authority allowing a person to withdraw his resignation and to resume duty, the order shall be deemed to include the condonation of interruption in service but the period of interruption shall not count as qualifying service.
(8) A resignation submitted for the purpose of rule 35 or rule 36 shall not entail forfeiture of past service under the Government.
What This Means
Rule 26(6) of the CCS (Pension) Rules, 2021, deals with the withdrawal of a resignation. Essentially, it states that if a government employee resigns to take up a job in a private company, a government-owned corporation, or a body controlled or financed by the government, their request to withdraw that resignation will generally not be accepted. The rationale behind this rule is to prevent government employees from using their government service as a stepping stone to better opportunities outside while retaining the option to return if things don't work out. This ensures fairness and prevents potential misuse of the resignation process.
This rule is particularly relevant for government employees who are considering leaving their current position for a job in the private sector or another government-related entity. It's crucial to understand that once you resign with the intention of joining such an organization, the option to withdraw your resignation is significantly limited. The appointing authority has the discretion to reject the withdrawal request, making the resignation practically irreversible. Therefore, careful consideration is needed before submitting a resignation under these circumstances.
This rule affects all government servants covered under the CCS (Pension) Rules, 2021, who are contemplating resignation to join the specified types of organizations. It's a critical aspect of service conduct and pension regulations that every government employee should be aware of to avoid unexpected consequences related to their career decisions.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Withdrawal of resignation is restricted if the resignation is to join a private company or government-controlled entity.
- 2The appointing authority has the power to reject the withdrawal request in such cases.
- 3The rule aims to prevent misuse of government service as a stepping stone.
- 4This rule applies to all government servants covered under CCS (Pension) Rules, 2021.
- 5Careful consideration is needed before resigning to join a private or government-controlled organization.
Practical Example
Ms. Priya Sharma, a Section Officer in the Ministry of Finance, decides to resign from her position to accept a lucrative offer as a Financial Analyst at 'TechCorp,' a private IT company. She submits her resignation on July 1st, with her last working day being August 1st. However, after a week at TechCorp, she realizes the work culture isn't a good fit. She then submits a request to withdraw her resignation on August 8th. According to Rule 26(6) of the CCS (Pension) Rules, 2021, the appointing authority is likely to reject her request for withdrawal since she resigned to join a private commercial company.
Mr. Rajesh Kumar, a Junior Engineer in the Public Works Department, resigns to join a project management role at 'State Infra Ltd,' a company substantially owned by the State Government. He quickly discovers the role is not what he expected and attempts to withdraw his resignation. Similar to Ms. Sharma, his withdrawal request is likely to be denied because he resigned to join a corporation substantially owned by the government.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Cross References
Frequently Asked Questions
Can I withdraw my resignation if I haven't joined the new company yet?▼
What happens if my withdrawal request is rejected?▼
Does this rule apply if I'm resigning to start my own business?▼
Is there any appeal process if my withdrawal request is rejected?▼
Does this rule apply to temporary government employees?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
According to Rule 26(6) of the CCS (Pension) Rules, 2021, under what circumstances is a request for withdrawal of resignation generally NOT accepted by the appointing authority?