Technical resignation : can there is an alternative

Organisation rules and instructions are to be followed to draw benifit. If NOC is refused without sufficient grounds, there is procedure departmentally to challange the same and through court also.

why one should find alternative to following rules

Respected Sudhir sir and Rajendra Sir,

I appreciate your comments feel obliged for giving time and thought over the issue

The problems starts like this ..An employee has his own aspirations and reasons to apply a new job and an organisation has to protect its intrest of not losing its employees, as such there is shortage of human resources. In order to get benefits of pay protection in any new job I i went through proper channel in initial years... management at certain occasions forwared and at certain occasions verbally denied ... although there is a answer to that but if u challange, the management becomes vindictive and the new job is not guararented so U ll face unnecessary difficulty...The next option is apply directly , many  a times the new organisation stick to mandatory NOC and didnot allow for  interview, some times if they did they give minimum offer like a fresh recruitment; although they have knowledge of previous employment and pay details. They r bound by their rules / the HR people try to get the opportunity of getting an experiened employee in minimum pay...... All three r correct in their  logic.

This is my true story....I m  working in a PSU , applied a govt of India job directly, and inspite of mandatory NOC they allowed me to appear interview, I was selected pre-joining formalites completed and appointment letter came with exact  pay the r offering, I requested saying I m in a govt job, had mentioned that in application, we had discussions about my pay  during the interview,u r asking for my relieve order at joining ; u completed all formalites without NOC and now when I ask for my pay protection u insist for NOC which I have shown my inability from the begining.I am intrested for the new job but losing pay by 30,000 without pay protection. If a candidate has told truth about present govt employment, without NOC  allowing the  candidate to inerview, selecting, allowing prejoinig formalites estoppel the authority for asking NOC for the employee's pay protection rightI. This is my argument and I am not a legal expert.The actual stage of asking NOC is over for the reasons best known to the GoI Organisation.They r not also saying that we ll cancel ur offer since u have not submitted NOC. 

How do u look at this situation ? What advice will u give me to protect my intrests ?

  can there be an alternative to nonsubmission of NOC to get benefit of pay protection?

 or my original question can there be an alternative to technical resignation ?

Is there any judgement  in any case where honourable court has allowed pay protection without NOC ?

Thanks.

have you joined

repeated at https://www.lawyersclubindia.com/forum/Pay-protection-without-submitting-noc-79743.asp#.UX-KfLXikb1

Sudhir sir,

Thank you for ur time and opinions. I do not feel discouraged if someone opines that I will not pay protection benefits.

No I ve joined yet. I am gathering facts and precedecnces to request/challenge their decision. I asked under RTI to DoPT about requrement of NOC, they replied it is must ,if ur in PSU and applying another  govt job.

Ok Now look at the situation in a different angle--- The govt organsiation is considering my candidature as well as my selection without mandatory NOC , they r not saying we ll cancel ur canidature even after I claim pay protection ! So knowing a candidate's past govt employment in application, during interview, during pay protection repesentation does not put them in diffiiculty ? The formalities from application till date must have many people at different levels, It puts me in  utter surise . How they can relax it/ use autonomy which is not given to them.I feels it estoppels them for denial of pay protection rights in a later stage using the ground of nonsubmission of NOC/I request them to use that autonomy or relaxation. 

My arguments are of a non legal personal so may fall flat,and since I am arguing my own case I am biased I know. How do  u feel about this argument. or suggest me some better arguments. I cannt even ask my present employer NOC or technical resignation, I ll not get either of those, rather ll face disciplinary action.The gross earings in the new job even after pay protection is 15000 less than my present one's.But the long term prospects  r better.

Sir, please notice my point it is very urgent.

1.        I Joined as TA in CBDT in April,2013 through SSC CGL-2011 Exam, but i have also cleared the SSC CGL-2012 exam in Feb-2013 and selected as Excise Inspector.

2.        That Means, I have cleared the exam and selected for the said post prior to my joining in Govt. Service.

3.        I have not intimated the dept. regarding my selection at the time of my joining, as i am not aware about that condition. But, when I got information about that condition, I intimated about my selection to my department in Aug-2013.

4.       When call letter for physical and medical test for the said post came in Dec.-2013, I applied for NOC and my dept. gave me NOC.

5.       But, when my joining letter came in Feb.-2014 and I have applied for the Technical Resignation, my dept. rejected my application and asked to give resignation.

6.       They also told me to serve notice period for the resignation or to pay one month salary in lieu of the notice period.

        So, my Query is:

1.       Am i eligible for Technical Resignation.

2.       If not, than i have to serve notice period or to pay one month salary in lieu of the notice period or not?

3.       And, What about my Earned Leave in credit?

have you been confirmed in CBDT (completed probation)

No Sir, I completed only 11 months of Service.