Dear Sir,

Each case will be decided by the Courts on the basis of its facts and circumstances under which you have submitted resignation. Your questions are answered below:

whether rejecting technical resigbation for job applied before joining on basis of lack of intimation is right.?

Ans: Yes, you are right to submit your resignation before joining on the basis of lack of intimation.

Can i claim technical resignation with out benefits of past service?on the basis of which rules or court orders?

Ans: It will be decided upon facts of your case read with service rules of railways and settled law of the land, which requires some home work and it cannot be answered in a straight jacket formula.

Rejecting an application depends on existing rules and regulations of railways. When you have given an undertaking you are bound to serve and there will be clauses mentioned where in case you resign you may be asked to give penalty. Please go through your bond terms and conditions. You may approach competent court but again it is decided on fact and circumstances of each case. Not informing prior cannot be ground for refusal to accept resignation.

The following is the circular in relation to the technical resignation

http://document.ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/28020_1_2010-Estt.C-08042016.pdf

If you have not informed about such application at the time of joining then you will not be eligible for benefit of past services, nowhere it is given that the resignation will be rejected on this ground.

File a writ in the HC and challenge such order passed by your department.

Regards

Go through the service rules and cite the same to the management. Of the said management is not adhering to your request file a writ petition in HC for justice.

Hi , for relief you have to file a writ in high court

Resignation in other cases including where competent authority has not allowed the Government servant to forward the application through proper channel will not be treated as a technical resignation and benefit of past service will

not be admissible.

The authorities cannot reject your resignation letter even if you have not informed about the pending application with some other organisation at the time of joining this organisation.

the authority accepting the resignation should satisfy itself that had the employee been in service on the date of application for the post mentioned bythe employee, his application would have been forwarded through proper

channel.

As far as the service bond is concerned you may have to comply with the conditions imposed or agreed thereupon.

Based on this notification you can approach administrative tribunal or high court by way of writ under Art. 226 and seek for proper adjudication of your case and can also if there is benefit clause mentioned you can seek those also. Better to Send legal notice as since the authority is government it is mandatory to serve two months notice before approaching court.

Dear Sir,

The solution lies with High Court. If your resignation is denied then you may approach High Court or Service Tribunal for appropriate direction.

If you have not been entertained with the application for technical resignation, you may get the refusal in writing signed by the competent authority in this regard.

After that you can file a petition before the CAT for relief and remedy

You can approach the appellate authority in your organisation. Else writ petition as I advised earlier