Notice period is subject to appointment/service rules. TR dose not provide any such relaxation. Check your dept. service rules, how many no. days to be served as notice period and provision of waiver of it.

If any government employee wanted to resign immediately, he has to deposit amount in lieu of salary of notice period.

You are bound to serve notice period as per your appointment letter 

seek extension of time for joining new organisation 

- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice. 

- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.

- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.

- Since, you have applied after getting NOC from your previous office , hence they cannot create any issue after their approval and allowing you to leave the job . 

- You should issue a notice to the said department after submitting a copy of the NOC , and thereby request to issue a Relieving Letter to you. 

- Further , if the said NOC was issued conditional with the remarks of notice period , then you will have to pay the 3 months notice period , or otherwise the period is given in your joining letter. 

You can file a interim relief application for getting the releaving letter instantly 

You can accept the same designation and pay package and seniority in promotion of the said new job is of same cadre and category of your resigned job

Dear sir,

Please have a check in your appointment letter as what's the notice period that you have to serve and you to have been agreed while signing the appointment letter based on the terms and conditions  you can take up a decision if it is mentioned as 1 month and bot above then you have a strong evidence to prove please have a check..

Your present employer cannot hold you back especially if he had already given NOC to you to apply for the new posting and also if your resignation shall be termed as technical resignation.

The three months period may not be applicable to your situation.

You can issue a legal notice to the employer concerned and file a writ petition before high court seeking relief.

Dear Sir,

If your application is forwarded through the proper channel, the present organisation is bound to relieve you before joining date of new organisation and in this regard, you are suggested to seek an interview with the head of your organisation and address his all the issues. If the things not solved, a writ petition is required to be filed in the High Court seeking directions to the present organisation to release you in time or the new organisation to extend the date of joining.  

1. You need to go through your offer letter which you got before joining current job there must be clause for notice period in case of resignation or new job through proper channel.

2. If there is clause for serving 3 month notice period then you need to serve the notice period of 3 months or ask them for buyout of notice period.

3. If there is no clause regarding notice period then you can give a representation to higher authorities for relieving from current job due to limitation of 30 days for joining new post.

How can a person be stopped from joining his new post when technically speaking he hasn't resigned!! If you gave a technical resignation then you haven't resigned although you are leaving your current office for a new organisation. What they are stating is illegal and opposed to the rules.