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Biman Ghara   30 April 2021

Asking about bar of joining new job when previous institution does not release

I was doing a job in a district court of West Bengal. But 3 months ago I tendered my resignation but the court has not released me till now. Now I have passed a written exam of another government job. so, my question is if I get final selection and if I join the new government job, then any legal problem that I shall have to face ??? This new government job is also a state government.


 13 Replies

Dr J C Vashista (Advocate)     30 April 2021

Whether the court (employer) has accepted your resignation ? If not, what is the dispute / problem ?

There is no problem in joining new assignment.

It is better to approach concerned official for issuance of experience letter after acceptance of your resignation.

Sankaranarayanan (Advocate)     30 April 2021

Yes find the reason for it first and get the releveling order with experience letter

G.L.N. Prasad (Retired employee.)     30 April 2021

Whether you have disclosed your employment in the court and applied through the proper channel is the issue.  However, relieving is a normal course and you need not worry about such relieving orders unless the future employee demands that order as a condition while permitting you to take up employment.

Trivendra Kumar Sharma (Practicing Lawyer)     30 April 2021

After serving resignation & post notice period, if no communication is received from existing employer at your end, you are entitle for reliving orders. Your relieving order might be pending due to some other reasons.  Please inquire in detail. 

If you have disclosed your employment status for new job and due weightage of experience has been extended to you, relieving order shall be required prior to joining the new employment. Joining in new employer without relieving order shall also create problem in PF deduction where the previous employer will have to enter exit date in your EPFO UAN otherwise it may be case of double employment which is prohibited activity.

Pradipta Nath (Advocate)     30 April 2021

After serving notice period you are not bound to take orders from your present Employer, though you can always accommodate. In this case it is your Employer whose duty is to take hand over within the notice period, if not they are actually creating problem and not you.

Aside after tendering resignation it is your duty to serve the notice period. Do that, rest the Employer is Court, he/she better understand that after the last day of notice period you can't be ordered!

Biman Ghara   30 April 2021

There is no mention about notice period in my appointment letter . Actually I was a process server of the court and due to extensive travel related to this job I was not able to perform my duty as I easily get tired . But problem is court /employer are thinking that I have got any other job and I am wanting to suppress this . That is why court/employer are not accepting my resignation. But actually I am jobless till now. So, my question is if I get any government job and court/employer does not accept my resignation then any problem about joining of new assignment. No PF was deducted in previous job ????

Pradipta Nath (Advocate)     30 April 2021

Unless the Court gives us release order, may other employer will create problem!

munaga rao   30 April 2021

Any present employer can’t put any hurdle from resigning from job on obvious reasons especially for future career path,!without genuine reasons, the reasons may be there is/are cases pending against you. The employer had to relieve in proper manner within reasonable time. Here reasonable time factor is most important to be noted. If not, you may seek compensation on damages occurred due to unreasonable delay. 

Pradipta Nath (Advocate)     30 April 2021

Definitely in case the Employer is casual regarding the release of his employee, the Employee can take legal recourse. The Employer cannot hold his Employee unreasonably, this may amounts to infringement of Article 23 of our Constitution.

Biman Ghara   01 May 2021

I joined as a process server in district court on 12 th April 2019 and due to having extensive travel related to this jobI couldn't do this job as I am Physically weak . So , on 5 th February 2021 I submitted my resignation showing cause of too much physical pressure arising from performing my duty but I had no medical evidence to support my statement. That is why they aren't accepting my resignation . So , my question is maximum how many days they can detain me from accepting my resignation and releasing from their institution ??? As I am studying to get other government job.

Pradipta Nath (Advocate)     01 May 2021

See, in case your offer letter is silent on 'notice period' a reasonable time which should be minimum 30 days is enough to secure handover of jobs or items. If you have mentioned the same in your resignation letter, beyond that period, the detention has to be disputed. Further, if are stating that you are not feeling well, no medical documents is required to substantiate this as the individual is the best person to say whether he feels physically weak while executing the said job or not! Aside everyone has right to find a suitable job form him, no one can infringe that!

I suggest you to please settle this issue of handover or release with your Head Clerk, following a legal notice will do the work, if required! Nothing to worry, please.


P. Venu (Advocate)     01 May 2021

The scenario started need not cause any hurdle for future employment with the Government. While taking up employment in Government, no relieving letter from the previous employer is sought unless it is case of technical resignation.

Every job has its own challenges. You would be laser in life if you are bent upon evading such challenges.

T. Kalaiselvan, Advocate (Advocate)     04 May 2021

If you have tendered your resignation properly observing the formalities and the rules that are governed through the employment offer letter and have an acknowledgment for having handed over the resignation letter, you may stop gong to office after the expiration of the notice period.

If there are no disciplinary cases pending against you then the employer cannot stop you from getting relieved.

The employer cannot force you to work beyond the period of the notice period until and unless there is a serious service exigency due to which you cannot be relieved. 

No employer can hold you back if you have served your notice period regardless there are some pending task left from your end.

Once you tender your resignation you are then bound by the employment laws or rules in your country governing resignations and the exit terms in your employment contract and/or employee handbook.

You can stop reporting once your notice period is over.If you have served adequate notice period. The employer has no choice but to release you.

The employer cannot initiate a legal notice for resigning notice.

If they force you to work or threaten you. You can file a complaint against your employer to the Local labour commissioner. Legally this is called "Unfair Labour Practice", which is illegal and punishable.

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