An employee's failure to timely notify their employer of prior job applications precludes the acceptance of a technical resignation under administrative guidelines.

ORDER

PER: DR. SANJIV KUMAR, MEMBER (A)

This Original Application has been filed under Section 19 of the Administrative Tribunal’s Act. 1985 to claim the following reliefs:

“A. In view of the facts and grounds enumerated above, it is most respectfully prayed that the respondents’ order dated 21.10.2021 and 11.2.2022, Ann.A/2 and A/1, may kindly be quashed and resignation may be directed to be treated as technical resignation.

B. Any other appropriate writ, order or direction, which may be considered just and proper in the facts and circumstances of the case, may be issued in favour of the applicants.”

2. The reliefs are claimed on the grounds as mentioned in paragraphs 5/A to 5/D of the Original Application.The brief facts of the case of the applicants are thatthe applicant joined as Tax Assistant on 14.9.2018 in the Income-tax department, Bangalore. Before joining the service, the applicant had applied for SSC SLG-2018 examination. On 28.1.2022, the applicant submitted technical resignation from service to join the new service. The respondents in orders dated 21.10.2021 and 11.2.2022 refused to condone the delay and to consider the resignation of the applicant as technical resignation without assigning any reason (as alleged by the applicant). Being aggrieved by the said orders, present Original Application has been filed.

3. On notice, respondents have filed their detailed reply statement. The basic facts of the case are not denied, but the respondents claimed that as the applicant failed to intimate and take required approvals from the competent authority about his participation at various stages of SSC SLG-2018 examination as per the prescribed rules, the applicant was not eligible for the benefit of technical resignation and accordingly by a speaking order, the applicant’s request was rejected and the said order is as per the rules and procedures. Hence, there is no ground of the applicant which is valid for considering his request. Accordingly, respondents submits that the Original Application is liable to be dismissed and same may be dismissed.

4. A rejoinder has been filed on behalf of the applicant where the facts as in the Original Application are reiterated. Further, an additional reply has been filed on behalf of the respondents and with Memo dated 24.7.2024, the applicant has submitted copies of somedocuments. The respondents have also filed a copy of the relieving order vide Memo dated 26.7.2024.

5. When the case came up for final hearing on 17.10.2024, learned counsel Shri.T.C.Gupta for the applicant and Shri.N.Amaresh for the respondents 1-2 were present and heard.

6. We have carefully gone through the record and considered the rival contentions of both parties.

7. The question which comes before us for consideration is on a short compass as the only claim of the applicant is that before joining the service, the applicant had applied for SSC SLG-2018 examination and on 28.1.2022, the applicant submitted his technical resignation from service to join the new service and he had requested for condonation of delay and the respondents in their orders dated 21.10.2021 and 11.2.2022, refused to condone the delay and to consider the resignation of the applicant as technical resignation without assigning any reason.

8. The rules governingfor the technical resignation are mentioned in O.M of the Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel and Training in No.28020/1/2010-Estt.(C) dated 17.8.2016 with the subject ‘Technical Resignation & Lien – Consolidated guidelines’ wherein the relevant