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ritesh   20 November 2016

Technical resignation from railway

sir, i am class C employee in railway.I am selected in state government on higher grade pay.  i have NOC through proper channel. Now i put my technical resignation to higher authorities in railway through proper channel (forwarding application by immediate senior ). i have very short period to join new job. my railway authorities do not accept my resignation and do not respond me. i want to relieve from railway. plz help me.



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 7 Replies

Ms.Usha Kapoor (CEO)     20 November 2016

File a case in CAT. Railway authorities may relieve you.If you appreciate this answer please convey my forum thnks by clicking thanks.You can also file a writ seeking directions from the court to railways to relieve you by accepting your resignation AND  PAVE  YOUR WAY TO JOIN NEW EMPLOYEMNT.

Sudhir Kumar, Advocate (Advocate)     20 November 2016

filing a case in CAT will give a license to deptt to harass you by  not relievingyou till case is decided stating that the matter is sub-judice and by the time your offer would be closed and t he CAT case wil be withdrawn by you considering as infructuous. (b.t.w. cases of 2011 are being decided now).

 

Sudhir Kumar, Advocate (Advocate)     20 November 2016

you have to meet higher officers.  no other way.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     20 November 2016

Meet higher authorities immediately along with representation seeking your relieving orders immediately.  Get acknowledgment of the representation.  Simultaneously seek permission for extention of time from the State Govt. to join there.  IF RAILWAYS IS RELIEVING YOU THEN THERE IS NO PROBLEM.  OTHERWISE, YOU HAVE NO OPTION EXCEPT TO APPROCH THE COURT.  If the present employer is not relieving, you have to approach the CAT, with special emphasis for interim relief that you should be got relieved within a few days and otherwise, the CAT application would become infructuous.  The CAT will give the respondent just one week time to respond to your representation either way in writing and give date to you after one week.  If the employer refuses to relieve you by reasonable order, then after one week you can challenge the order on merits.    

Sudhir Kumar, Advocate (Advocate)     20 November 2016

I doubt.

 

I do not think tht CVAT may be giving an interim relief which may be the final relief and that it may be giving less than 6 weeks time to the respopndents to reply.

P. Venu (Advocate)     20 November 2016

You can approach the CAT and get appropriate directions issued.

Sudhir Kumar, Advocate (Advocate)     21 November 2016

Some members are keen on you going to CAT.  Do so if you feel that :-

  1. new deptt will not close offer during the litigation
  2. you can afford litigation with new deptt beofre joining.

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