• Seeking no objection certificate during the probationary period of employment with central govt

I was joined in an autonomous organisation, GoI, on 12.09.2016 in Level 4 scale . Later me and my senior applied to a Level 6 position in the same city. We have not intimated to our parent organisation initially. Later we both short listed for interview. We both approached Centre Head and requested him to accept the apology letter and to provide NOC. He has not accepted any communication from me and he marked my seniors apology letter and issued NOC to him on the interview date and replied me that during probationary period NOC not entertained. In the interview, I requested the appointing authority to accept my candidature and if I got selection once, I will resign and join to their organisation. Unfortunately they have not considered.

1. What is the exact rule for seeking NOC during probationary period?
2. Is there any favorable Judgement in this regard?
3. Can any employer stop the career growth of his employees during the probationary period?

Kindly help me.
Asked 4 years ago in Labour

11 answers received in 1 day.

Lawyers are available now to answer your questions.

12 Answers

Hello,

You cannot seek NOC during your probationary period . You can resign by giving them a notice period .

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

During the probation period generally NOC is not issued. Only Resignation may received. You will get your NOC according to norms and rules of the department.

Also no employer has right to restrict you from leaving job and enhance your career. If they do so you can sue for damages.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

you are required to submit NOC at the time of interview.if you are employed in Central/State Govt departments, PSUs, Autonomous bodies and you are applying for a job in other PSU or government job you are needed to submit the NOC from your employer at the 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.

"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.

The tribunal passed the order on a plea filed by Satyam, Assistant Medical Officer working with the Ordnance Factory Hospital, which had rejected her application seeking permission to appear in an interview for the post of Insurance Medical Officer in Employees State Insurance Corporation (ESIC).

The Ministry had rejected Satyam's request on the ground that the last date of submission of application was over.

"The only claim of the Ministry is that the application was not submitted before the expiry of time for its submission to ESIC. This is merely a vexatious technical objection," the tribunal said.

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Sir Noc in government services can be rejected in probationary period according to central civil services rule.

There has to be a resignation directly stating some ground or difficulty for services after serving due notice period.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi,

There are different rules in different organisations. You should have applied through proper channel. At present, you may approach court

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

The best way is to take resignation on personal ground or health fulfilling the notice period once.the resignation is approved join other job.

That is the usual practice followed to join a other job with small gap of 2 months or more from one governemnt service to other.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The only best option available is to take resignation on health grounds and thereafter shift to other government service. Since in your case the appointing authority of new place rejected your proposal to resign after acceptance of your candidature this will be best way out for you.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You should submit your resignation serve notice period then apply for another govt job

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Hi,

No one can stop you from entering into a better career. But, you are supposed to apply through proper channel and inform your authorities even during probationary period. If your present employer does not respond, you may approach to high court.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

The intent/purpose of said NOC might be extra effort to keep the faculty full by arranging replacement of outgoing employee on notice period and/or ask the employee to serve notice period.

The Government departments function in accordance with well defined rules. It is not open to the officer concerned to use his discretion or act in an arbitrary manner.

If notice pay in lieu of notice is stated in contract of employment then it should be the max. liquidated damages payable by the employee.

If the rule says that NOC cannot be given during probation then you cannot force the employer to do it.

If you do not want to continue the employment you can observe the rules and tender your resignation.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

What is the best way to apply for a better position during the probationary period, Even if the employer not accepting to forward the application through proper channel or not able to provide a line saying that He can relieved after fulfilling resignation formalities based on his interview selection?

Being a government servant it becomes your duty to observe the rules and regulations in this regard, you seem not have followed them up even once.

The rules are meant for obeying and not to take a shortcut of it.

you could have resigned the employment after completing the regular formalities in this regard and could have ignored the previous employment because you cannot claim experience certificate from it during the probation period.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

There is no such standard rule for NOC in probation. You can go through your service rules. They cannot harass you and hamper your career growth.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer