Technical resignation

As per Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) OM No. 28020/1/2010-Estt.(C) dated 17th August, 2016 on Master Circular on Technical resignation and lien in Central Services-reg. The benefit of technical transfer is also admissible to Government servants who have applied before joining the Government service and on that account the application was not routed through proper channel. The benefit of past service is allowed in such cases subject to the fulfillment of the following conditions:- a) the Government servant should intimate the details of such application immediately on his/her joining; b) the Government servant at the time of resignation should specifically make a request, indicating that he/she is resigning to take up another appointment under Government for which she had applied before joining the Government service; c) the authority accepting the resignation should satisfy itself that had the employee been in service on the date of application for the post mentioned by the employee, her application would have been forwarded through proper channel. If the government servant could not fulfill the above mentioned conditions, especially point (a), due to lack of the knowledge of these rules/other reasons, in such a case: 1. Does the Head of Office/Cadre controlling authority/Competent Authority has the power to dispense with/relax/condone the requirement of “the Government servant should intimate the details of such application immediately on his/her joining” rule, as it may consider necessary for dealing with the case in a just and equitable manner? 2. If yes to 1. , kindly mention the rule position/section of ccs rules/DOPT OM according to which this can be done.