Sir,
I am a Central Government employee. I have applied for outside employment for a post under an autonomous organization, but my appointing authority has put a condition that an experience certificate will only be issued if I submit an unconditional resignation in case I get selected. I do not have much time. Due to this, I was compelled to submit a revised representation seeking unconditional resignation if I get selected, as per rules. This was mentioned by me, and the relevant rules clause was also cited by me.
Finally, I have been selected in the autonomous organization under Level 10, but my present employer is refusing to allow me technical resignation by citing the clause of unconditional resignation. My question is whether the present employer, being a Central Government department, is authorized to impose such a condition of unconditional resignation while issuing an experience certificate?
As per DoPT rules, resignation is treated as technical if it is applied through proper permission. I was issued a No Objection Certificate as well as an experience certificate by my present employer, and I have informed them at each and every stage while attending the recruitment process, including the written examination and interview.
But unfortunately, at the final stage, they are refusing my technical resignation. I am losing my 16 years of service, and at the same time, the organization in which I have been selected has also put a deadline to join duty immediately.
What should be my course of action? Whether it is advisable to approach CAT before my joining, or whether I can challenge it through the court after submission of unconditional resignation and joining in the new organization? Whether I get the case in my favour?
Please advise, sir.
