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Rule 26 - Resignation Withdrawal | KartavyaDesk

CCS Pension

Original Rule Text

(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.

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

  • Withdrawal of resignation is restricted if the resignation is to join a private company or government-controlled entity.
  • The appointing authority has the power to reject the withdrawal request in such cases.
  • The rule aims to prevent misuse of government service as a stepping stone.
  • This rule applies to all government servants covered under CCS (Pension) Rules, 2021.
  • Careful 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.

Frequently Asked Questions

Can I withdraw my resignation if I haven't joined the new company yet?
Even if you haven't formally joined the new company, if your resignation was submitted with the intention of joining a private company or government-controlled entity, the appointing authority can still reject your withdrawal request.
What happens if my withdrawal request is rejected?
If your withdrawal request is rejected, your resignation will be considered final, and you will be relieved from your duties as per the original resignation notice.
Does this rule apply if I'm resigning to start my own business?
No, Rule 26(6) specifically applies when you resign to take up an appointment in a private commercial company, a government-owned corporation, or a body controlled or financed by the government. Resigning to start your own business would not fall under this specific restriction.
Is there any appeal process if my withdrawal request is rejected?
The CCS (Pension) Rules, 2021, do not explicitly provide for an appeal process in this specific scenario. However, you may explore options for representation through appropriate channels within your department.
Does this rule apply to temporary government employees?
Yes, the CCS (Pension) Rules, 2021, generally apply to all government servants, including temporary employees, unless specifically exempted by other rules or orders.

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?

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