• Pre-intimation not given to current central government employer

I have applied for experience based state government job without intimating my current central government employer. Now state government employer demands NOC from my current employer, but they (central governmentemployer) denies to provide me NOC for respect state government job.
1. Can I resigned with personal reasons and with relieving letter join state government job?
2. What happened if my experience letter will be verified by my state government employer to Central government employer? 
3. Is it legal to join experience based state government job without intimating current central government employer? 
4. Anything other suggestions will be welcomed.
Asked 6 months ago in Labour

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8 Answers

1. Please read the advertisement and or recruitment Rules of the new job to get help on the steps to be taken In such cases it is the Rules and not the convenience of the applicant which matters.

2. If it is permissible in your new employment then it is always possible for you to resign from your previous employment for get confirmation of the new employment.

3. Without having read the recruitment advertisement or the recruitment rules, if any, none of the questions of your query can be effectively answered. 

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

You can resign and join new job 

 

2) central govt would confirm you were employed with them 

 

3) you should intimate central govt employer 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

  1. Yes, you can resign with personal reasons and join the state govt job with a proper relieving letter.

  2. If experience is verified, your central employer may report non-intimation, possibly affecting your record.

  3. No, it’s not fully legal—Rule 20 of CCS (Conduct) Rules requires govt employees to seek prior permission for outside employment.

  4. Best option: resign properly, get relieving letter, don’t hide past employment, and explain if asked during verification.

 

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

Dear Sir/Madam,

You are suggesgted file a writ petition making both the state goverment and central govt. as party and asking the relief as required so that you don't become a looser in any manner. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. It is your right to choose any employment hence you can very well resign and choose another job.

2. The new employer will certainly verify the character and antecedents and may even send a letter requesting the background verification report, there is nothing wrong in it, it is a procedure to adopted by any employer before accepting the candidature for the job. 

3. It is always advisable that you obtain a NOC from the previous employer before joining the new organisation to facilitate you to obtain experience certificate and for technical resignation benefits, if available.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Obtain and study the service rules of both your current central government job (e.g., CCS Rules) and the state government job’s recruitment rules. Look for clauses on NOC, intimation, resignation, and verification processes.

 

Yes, you can generally resign from your central government job citing personal reasons and, upon obtaining a relieving letter, join the state government job, subject to certain conditions

 

If your central government employer notes that you applied for another job without intimation (if required by rules), it might reflect poorly, though this alone may not invalidate your experience letter post-resignation.

 

Central government employees are typically governed by rules that often requires employees to obtain prior permission or intimate their employer before applying for another government job, especially if it’s outside their current department or for a state government position. This ensures no conflict of interest and maintains administrative discipline.

 

Serve the notice period diligently, clear all dues  and secure a relieving letter and experience certificate. This minimizes complications during verification.

Gaurav Ahuja
Advocate, Faridabad
133 Answers

This may be construed as concealment of information you need to explain that the same was inadvertent act from your side

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

- It is generally mandatory to inform the current employer before applying for a new government job. 

- Further, in the matter of Gaurav Paliwal versus Central Warehousing Corporation, the Delhi High Court upheld the requirement for a No Objection Certificate from the current employer, emphasizing that the petitioner failed to comply with the mandatory condition of the advertisement, which led to the rejection of his candidature.

- Hence, you should read the new jobs advertisement rule property , and if mandatory then it can create problem 

- Further, even if you will resign , then also you cannot conceal the truth facts from the new employer , and hence you should approach the  office of the central govt. 

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

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