What Happens If I Join a New Job Without a Relieving Letter from My Current Employer?

Dear Sir/Madam,

I am a central government employee in Delhi. I applied for a state government job in Andhra Pradesh before joining the central government job. I attended the interview during the probation period without informing the employer and got selected for the state government job. I resigned from my central government job due to personal reasons without mentioning any job-related matters in my resignation letter. However, I have verbally communicated the situation regarding the new job to the employer.

Conditions in Appointment Order

In my appointment order, two conditions were mentioned:

1. I am required to pay three months' salary or serve a three-month notice period for resignation.
2. I must withdraw any applications submitted for appointments before joining.

I did not withdraw the application for the state government job, attended the interview, and got selected. Subsequently, I tendered my resignation due to personal reasons twenty days ago. However, my resignation has not been accepted. If I were to join the new job without receiving the acceptance of resignation from the previous employer, as the new employer did not request a relieving letter, what consequences would I face from the new employer if they request a relieving letter?

Kindly assist me in this matter.

Thank you.

Please send a resignation letter citing personal reasons via registered post. In the letter, kindly mention your willingness to pay the notice period compensation. Additionally, request guidance on the resignation procedure. Thank you.

Thank you for the reply. However, I have submitted my resignation to the employer personally based on personal reasons and orally conveyed the three months' pay as per the rules, but I did not mention that in the letter. However, they did not take any action in this regard.

What should I do now? Shall I send a letter stating that I shall pay the three months' amount through registered post now?

Thanking you,

Regards,
Sudvij

Clarification on Resignation Rejection

Was your resignation rejected in writing? If it is rejected in writing, then only it can be assumed as rejected. Please resend your resignation letter to the appointing authority with a cc to your immediate supervisor.

Thank you for the reply. The employer did not reject my resignation in writing, but they are not taking any action (accept or reject) against my resignation. The employer is delaying the process. What should I do? Should I join a new job?

Regards,
Sudvij

Sending Regular Reminders

Write another letter and keep sending reminders every week, stating your personal reasons, with a cc to all the higher authorities. Did you mention the name of your new organization?

I will send the reminders. In this regard, can I join a new job? If I do join, what consequences should I anticipate from both my new and old employers?

Regards,
Sudvij

Procedure for Joining a New Job After Resignation

The procedure is that you have to submit a relieving certificate when you join a new job if you have stated that you are already working in the central government, as you cannot be employed in two positions simultaneously. Therefore, you should follow two steps:

1. Ask the state government to provide some additional time to join on personal grounds.
2. In the meantime, expedite the process of submitting your resignation.

If you have concealed this information from the state government, then the decision is ultimately yours.

I did not officially state my central government job in the application forwarded to the state government job because I had already applied for the state government job well before joining the central job. Therefore, the state government employer did not ask for any relieving order. However, they are unofficially aware that I am already an employee in the central government.

Hence, I would like to inquire whether I can join the state government job without being relieved from the central job (I have proof of submission of resignation) because I did not apply through the proper channel, and I do not wish to avail any benefits or pay protection (service count) from the previous employer.

Kindly assist me in this matter.

Thank you,

Sudvij

What is the notice period as per your terms of employment? They cannot retain you after the expiry of the notice period if they do not reject your resignation within that time. The resignation will be deemed to have been accepted after the expiry of the notice period. I think there is an order from the Honourable Supreme Court that an unwilling employee cannot be retained, but you may have to wait until the expiry of the notice period given in the employment contract.

Best wishes & Regards,

Suggestion by Anonymous seems to be the best and valid. I suggest, if possible, Sudvij can directly deposit three months' pay into the company's account and send the deposit receipt with a suitable letter by registered post to the present employer.