26. Forfeiture of service on resignation :-
(1) Resignation from a service or post entails forfeiture of past service Provided that 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.
(2) Interruption in service in a case falling under the proviso to
sub-rule (1), 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.
Note 1 :- Under proviso to Rule 26, resignation of an appointment to
take up with proper permission another appointment whether permanent or
temporary, service in which counts in full or in part, is not resignation from
service. A question has been raised whether in such cases a separate sanction
should be issued indicating that resignation has been accepted under the
above provisions, in order to enable the audit/administrative officer to regulate
the consequential benefits in the matter of pay fixation, carry forward of leave,
pension, etc. In cases of the above type the order accepting the resignation
should clearly indicate that the employee is resigning to join another
appointment with proper permission and that the benefits under proviso to
Rule 26 will be admissible to him. The contents of such order should also be
noted in the service book of the individual concerned under proper attestation.
No separate order sanctioning these benefits in such cases each time would
be necessary.
Note 2 :- A member of a service or services, who is selected for
appointment by direct recruitment to another post, category or class in the
same or different service and is appointed to it, shall, as soon as he is
appointed to the post, category or class for which he has been selected by
direct recruitment, be deemed to have resigned from the service or services
of which he is a member prior to his appointment as aforesaid :
Provided that nothing in this ruling shall affect the benefits accrued to
such member of a service or services in the previous post or posts, except
the lien or probationary right, as the case may be, on such post or posts.