Regarding NOC

Dear Client,
As per Office Memo No.DOPT-1669266628362 dated 24 November 2022, issued by the Department of Personnel and Training, Government of India, and the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965, read with proviso to FR 22-B, in cases of appointment of a Government servant to another post in Government on acceptance of technical resignation in the existing post. Be informed that the resignation is treated as a technical formality where a Government servant has applied through a proper channel with an NOC for a post in the same or some other Department and is on selection, required to resign from the previous post for administrative reasons. The resignation will be treated as technical resignation if these conditions are met. Resignation in other cases including where competent authority has not allowed the Government servant to forward the application through proper channels will not be treated as a technical resignation. As per DOPT's OM dated 24/11/2022, a Government servant acquiring a lien on a post will cease to hold any lien previously acquired on any other post. A permanent Government servant appointed in another Central Government Department/Office/ State Government has to resign from his parent department unless he reverts to that department within a period of 2 years, or 3 years. An undertaking to abide by this condition may be taken from him at the time of forwarding his application to other departments/offices. Being the position as stated above you may seek further clarification on the subject from the concerned Deptt (DOPT). Hence it is advisable before moving ahead with litigation, you need to represent the grievance before the Head of the Deptt. for a resolution failing which, you can approach the concerned bench Central Administrative Tribunal(CAT) seeking appropriate relief in the matter. Rule 4 of the Central Administrative Tribunal (Procedure) Rules, 1987 prescribes the procedure for applying before the Registrar of the concerned bench of the CAT. This forum has been established to adjudicate disputes concerning recruitment and conditions of service for persons appointed for public services. So, try to get the matter reviewed by an expert professional before challenging the action of the establishment before approaching the CAT.