• Denial of NOC for applying a higher post

I am working as Associate Professor in an Aided College in Kerala affiliated to Mahatma Gandhi University, Kottayam and completed 22 years of service. I have applied for the Post of Principal in a Aided College (Open advertisement). The Manager orally permitted me to apply for the post. On the same day, I sent advance copy of application for the post of Principal and I applied through proper channel (through the Principal) for NOC to the Manager of the College. But some of the persons at management are not ready to permit me to go on some irrational arguments (ie. delay in sanction from govt to appoint a new teacher in my place if I go, etc). In essence, I have applied for the post of Principal by properly intimating them both orally and written. 
Now what shall I do if they do not issue me NOC (which is my fundamental right to search for better employment) at the time of getting call letter for Interview? Is it prudent to move to Court for getting justice or can I attend Interview without NOC and later resign after properly intimating management the circumstance where I am forced to do so. If I resign from the present post to join a higher post of Principal , is there any problem in counting my past services? If the Manger does not deny NOC (though they did not issue then same with in a reasonable time), with in a reasonable time, will it be considered as "deemed to be NOC" granted by the them?
Kindly advice
Regards
Kumar GK
Asked 8 years ago in Civil Law

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4 Answers

attend interview . enclose copy of application made for issue of NOC at time of interview

2) Government cannot refuse to give no objection certificate (NOC) to an employee on "vexatious technical grounds" if no public interest was involved, the Central Administrative Tribunal has said.

3) Govt can refuse to give NOC if public interest is involved as for instance there is shortage of professors and your departure would be inconvenient

4) if NOC is not granted within reasonable time it would not be considered as deemed to be granted

5) you are at liberty to file petition in CAT if NOC is rejected or not issued

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

the management cannot refuse to give NOC for frivolous reasons

2) merely because govt takes time in appointing new teachers is no ground to refuse NOC

3) management cannot deny to issue NOC because of policy decision not to issue NOC

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If you would like to add the previous service to the present employment you should resign the previous employment properly and it can be a technical resignation also.

Give them a written request, addressed to a specific person, with cc's, in that case, it becomes a personal liability. Make sure the request letter is sent at least a week before the interview. Nobody should deny you the NOC. In case it is denied, you can carry a copy of request letter to your prospective employer, and submit it as a proof.

Denial to grant NOC is not sustainable as it is not the case of Ministry of Defence that there is a shortage of officers and the applicant's departure would be greatly inconvenient...Neither public interest is pleaded nor could it be established," a bench of CAT, comprising Chairman V K Bali and Vice Chairman L K Joshi, said.

There are many more such judgments to support/assist your case.

In many cases if the organization doesn't send any refusal within 30 days of the closing date of application it is presumed that your letter is accepted and no denial is made. You don't have to take any NOC during interview and the only reason why you are submitting the intimation is that, it will enable your office to relieve you on time if you are selected.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Can the Management deny my legitimate right based on reasons such as -(1) My presence in college is inevitable (2) Undue Delay in getting sanction from Government for appointing a fresh teacher in my place (3) Managements current policy not to issue NOC etc.

The above are unjustified reasons and agaisnt the natural justice.

The management cannot take a stand on the above principles.

This is as good as depriving your rights for employment and better future prospects.

In that case you can resort to legal action for getting relief and remedy.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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