Sub: Rule deficiency - DOPT
Sanjeev Goyal
PMOPG/E/2025/0147679
Concerned Department: DOPT
As a policy Government promotes inter department/office movement of talent wherein one candidate has to apply through proper channel & can join new organisation after tendering technical resignation to existing employer. Such transfers happen between Central Government offices, Central/State Autonomous Institutes (AI) & Public Sector Enterprises (PSE). It is a matter of fact that Central/State Government employees are covered under Death-cum-retirement provisions (DCRG) whereas employees of Central/State AI & PSE are covered under Payment of Gratuity Act 1972, (PGA). Wherever there is no gap between relieving from previous employer & joining with new employer the job status is considered as continuous. Considering this continuity, the employee is able to avail LTC facility in continuation, not required to undergo fresh medical examination and also fresh police verification is not needed. However, all such existing DOPT OM dealing with such transfers are drafted with basis assumption that DCRG is available in AI & PSE, whereas these bodies are covered under PGA, therefore there is guess work of interpretation for settlement of gratuity & leave encashment dues of the outgoing employees. Not only this the rules position is scattered in several OMs. Though keeping in mind the principle of continuity the payment for proportionate gratuity & balance days of leave should be carried forward to new body, but there is no clear OM covering this situation. It is requested that a comprehensive OM clearly dealing with all the combinations of mobility of employees between (1) Government, (2) AI & (3) PSE may be brought for reference & clarity for the employees covering issued of (1) Gratuity, (2) Leave Balance, (3) GPF Balance, (4) Medical Examination, (5) Lien, (6) Verification of Character, (7) C/f of LTC, (8) c/f of RH, (9) transfer of Service Book,
A clear rule position will help in saving tremendous manpower.
