Request for Resignation from Service to be treated as ‘Technical formality’

Sir, I joined the subordinate office of MHA (a Govt Dept.) on 25 March 2010 and served for 2 years 1 month and 17 days and then joined M/o-External Affairs. However, within one month of joining MHA, I informed them through proper channel that I had qualified for the post of Steno in MEA and that I would join MEA as and when I receive a joining letter from them. But when I asked for technical resignation from MHA, they refused stating the reason that "a Government employee cannot be relieved on same grade pay unless the post applied for possess higher status/higher pay scale/higher emoluments". So, I had to resign from MHA to join MEA. However, I had completed the two years probation service in MHA. Recently, I came across a DoPT circular OM No. 13/24/92-Estt. (Pay-I), dated 22nd Jan, 1993, wherein it was stated that “A question has now been raised as to whether this benefit is admissible to Govt. Servants who applied for posts in same or other Departments before joining Govt. Service and on that account the application was not routed through proper channel. The matter has been examined and the President is now pleased to decide that the benefit of past service subject to the same conditions as incorporated in O.M. dated 17.6. 1965 ibid may be allowed in such case also subject to the fulfilment of the following conditions: (i) the Government servant should intimate the details of such application immediately on their joining; (ii) the Government servant at the time of resignation should specifically make a request, indicating that he is resigning to take up another appointment under the Government for which he applied before joining the Government service; (iii) 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, his application would have been forwarded through proper channel. I fulfill all the criteria mentioned here. Now, I want to know if I can go to CAT to register a case regarding this as I am worried that almost 13 years have passed and will I get benefits of past service and pay protection. Kindly advise me in this regard. Thanking you in anticipation, Sir.