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Susanta (Service)     08 December 2022

Technical resignation

While I was serving (3yrs) in CISF as a Constable/GD, I had applied for NOC/permission from the Competent Authority to apply for the Civil Constable post in Odisha Police. Then I had applied for the post before getting an NOC/permission from the Authority. By the time Physical Test was started, I appeared the same availing EL. Thus got selected for the post on merit basis. Then I had intimated to my Authority about the matter and submitted Technical Resignation. But Authority concerned have not accepted it, rather he considered the same as ordinary resignation and forcibly ordered to deposit the training charges as I have not completed 10 years of service. On approach, he told that you don't have NOC/permission to consider Technical Resignation. Till date I had not received any correspondence from the Authority about the NOC/permission Now they are telling, the records which were submitted to avail NOC/permission is not available in this office as that were wedding out from the Unit. In my new post my NPS has already been shifted from Central Government to State Government and the same is continuing.

      As I have maintained all the due procedure, why Technical Resignation is not possible in my favour???



Learning

 9 Replies

Sudhir Kumar, Advocate (Advocate)     08 December 2022

appears to be dead end case.

Susanta (Service)     08 December 2022

Respected Sir, 

     Is there any rules that not to provide NOC/permission to the employee in same scale of pay for state govt job? If, not Authority concerned have made the mistake at their end and bound to consider Technical Resignation & should give NOC/permission from the date I had made over the charge of that Unit. And also, though he considered it as Ordinary Resignation, hadn't given me the Discharge certificate within two months. It is to mention here that in my case no service gap is there. I joined in my new job on 26.08.2013 being allowed to leave the unit on 25.08.2013. Secondly How my NPS is being shifted to state govt on ordinary resignation??

Kindly offer your views

Sudhir Kumar, Advocate (Advocate)     08 December 2022

Secondly How my NPS is being shifted to state govt on ordinary resignation??

ASK DEPARTMENT

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 December 2022

You can approach grievance cell by fax no:0671-2339540 (o)

Susanta (Service)     08 December 2022

The Department is not cooperating with me.

What legal steps are there under provision of law for modification of the ordinary resignation into technical resignation as I have no fault at all.

 

Adv. Shrey Shah (Advocate)     08 December 2022

The first step is to send them a legal notice listing your facts. Subsequent course of action will depend on the reply they provide. 

1 Like

Sudhir Kumar, Advocate (Advocate)     24 December 2022

You have to exhaust departmental remedy before jmoving to court.

Susanta (Service)     24 December 2022

What remedies have to exhaust with department, plz suggest, then I will move to court.

Sudhir Kumar, Advocate (Advocate)     25 December 2022

Atlest a representation to the competent authroity will be needed.

 

at the admission stage the court is expected to ask the first question.


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