Respected Sir/ Madam, I have worked in a Central Govt. office(Pay Level-6) and now I am working in another Central Govt. office (Level-10). Our office is an 3-Tier Organization (above my office, regional office is there, then Head Quarters). My previous office given permission to apply for Level-10 post & issued Experience Certificate by mentioning new office name & Vigilance Clearance. My application was forwarded to our regional office for further forwarding to our HQs. Meanwhile I have done my written exam & waiting for results. Instead of forwarding my application to our HQs, Regional office itself replied that NOC can't be issued due to Shortage of Manpower. (Regional office suppose to forward my application with remark that NOC NOT RECOMMENDED, they violated procedure). (Other regional offices allowed NOCs). Meanwhile my written exam result has come & shortlisted for interview and interview date also announced. So I again requested my office to forward my application to our HQs for issuing me NOC to attend interview, but my office (local office) didn't forward my application (not allowed me to forward directly to HQs) and replied to my request that you should not attend interview as regional office denied your NOC. I thought that if I fight for my right and if I am not cleaning interview means I have to survive in the same office, so I requested and begged my local office head to allow me to attend interview, he allowed me and sanctioned my leave for that interview date with the condition (unofficial) that I should apply personal resignation instead of technical resignation. I have attended the interview by submitting my experience certificate and Vigilance Clearance at the time of interview and they allowed me for interview. Finally I selected for level-10 post and requested my local office head for technical resignation, he said that regional office denied your NOC, how you attended interview, I will take action on you, I will not relieve you like that he started, then I also made one letter stating all injustice happened to me to forward to our top Headquarters and shown to him, then he said that he will allow me personal resignation. I didn't have much time to join in new office (20 days time) & my new office required relieving order also, so I agreed for personal resignation and took my relieving order and joined my new office. I have explained all these to my new office, they said you have to start fresh service here, your previous service will not be added. I said ok. Now I want to write letter to our HQs by mentioning all these to give the technical resignation to count my service in new office. I am little afraid of asking same as my previous office head mentioned me that how you have attended interview even NOC denied and how they allowed you join without NOC. Kindly Advise me to get my technical resignation please. (DOPT guideline says 4 times in a year employee should be allowed for outside recruitment and Article 19-1-g).
You can send an application to your headquarters directly to consider your resignation as technical resignation.
You can narrate the incidents of injustice meted out to you by the regional office by deviating the procedures of.
If your representation is not fetching you a proper response then you can approach CAT with an application seeking relief and remedy.
You can collect the documentary evidences to express your grievances convincingly in the application before CAT
Thank you very much for your kind reply sir. Kindly provide me the counter with law points to the following issue sir. "I am little afraid of asking same as my previous office head mentioned me that how you have attended interview even NOC denied and how they allowed you join without NOC." Your reply with clear law point to counter them will be the great help sir. Thanking you Sir.
You have the rights to decide about your career development.
If there was am opportunity for a better career there's nothing wrong in you choosing it.
Your department head cannot obstruct your career development to satisfy his ego or jealousy.
You had even applied for it through proper channel but your application was not entertained and you have documentary evidences to prove that.
Therefore you had opted to bypass the unjustified dictates of your boss.
Your boss is not the law.
You were not allowed to appear for interview despite requesting them plenty of times and your application was not even seen by them.
Therefore you had to look for ways for your career betterment despite plenty of obstacles in the way.
Now you have not done any crime by not obtaining official permission to attend interview.
Though you have been selected to the new post, you cannot be deprived of your rights of technical resignation and the benefits therein.
Hence you fight it out legally by following the procedures step by step as suggested earlier.
You have submitted personal resignation and obtained relieving letter
you cannot now claim
benefit of technical resignation
You could not have attended interview without NOc
best option for you is to forget about technical resignation
You can give interview in above circumstances and the same is legitimate
- As per rule, when a government servant applies for in the same or another department through proper channel and on selection he is asked to resign the previous post for administrative reasons the resignation is called technical resignation.
Further, Protection of pay drawn in Pay Band against the post held in the previous organization shall be admissible only to such direct recruits who had applied through proper channel for appointment to the post in this department after tendering technical resignation and were holding a post in the previous organization either with same or lower grade pay.
- Since, your NOC denied, it means that you have not applied through the proper channel , hence you cannot claim the benefit of technical resigation.
Dear Client,
When addressing concerns about attending the interview without NOC and joining the new office without proper clearance, you can respond as follows:
1. Legal Right to Apply Outside Recruitment: It is stated in the DOPT guidelines that an employee is free to write or apply for any outside recruitment, and the provision is made for four tries in a year. This particular provision makes the reality come through in ways that allow the person to have the chance to look for advancement and training in other organizations.
2. Violation of Procedure by Regional Office: Regional office did not approve the NOC because it is a procedural mistake since they are supposed to relay such application to the headquarters. Such a failure does not in any way dampen your rightful authority to seek an application for the position and attend the interview.
3. Compliance with Interview Process: Although there was no NOC from previous employer you also appeared for the interview in bonafide and submitted all demanded documents such as experience certificate and vigilance clearance etc. Your contribution to the interview was informed by the perception that you had a right to job as deemed by the legislations.
4. Resolution through Technical Resignation: The problem with NOC you rightly pointed out is in line with the local office reason for accepting personal resignation. But now you want technical resignation in order to be compensated fairly for your service in the new office and your service tenure to be correctly calculated in terms of career advancement.
5. Request for Fair Consideration: In light of the foregoing, you kindly appeal to the headquarters for a favorable consideration to avail yourself of technical resignation, so that your service in the new company would be acknowledged. This request can be made on the basis of the rights of the employees as listed in the article and which holds salary and other benefits in relation to career advancement.
