Resign and rejoin process

Dear Client,
As per the Ministry of Finance Office Memo No. 3379-E.III (B)/65 dated the 17th June 1965, the resignation is treated as a technical resignation where a Government servant has applied through proper channels for a post in the same or some other Department and is on selection, required to resign the previous post for administrative reasons. 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 and the benefit of past service will not be admissible. 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 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) or apply to the Central Administrative Tribunal (SAT) constituted under the Administrative Tribunal Act, 1985. But before approaching CAT, you have to represent your grievance before the HOD concerned and if your grievance is not resolved or you are aggrieved with the reply of the HOD to your grievance, you can apply before the concerned Bench of the Central Administrative Tribunal(CAT) following the procedure as prescribed under the Central Administrative Tribunal (Procedure) Rules, 1987 failing which, you may consider for challenging the order of the CAT by filing a writ petition under Article 226 or 227 of the Constitution of India seeking your desired reliefs. It is recommended to consult with an Advocate experienced in CAT/SAT matters to understand your right and remedies that suits your situation and protect your interest most.