• Regarding getting signature on NOC application to apply for central Job when already working in Cent

Sir, 

1. I am working as a permanent employee of central Govt. currently posted in Ladakh. 
2. As I was on EOL (Extra ordinary Leave) for study purpose from 2016-2018. Hence, Currently I am in a bond where it is stated that I cant quit the job before completion of 3 years i.e. up to 2021. 
3. Recently, I applied for a job in central Govt. itself (At higher post), For that I placed an application to get permission for the same to apply for this job.

4. But, The higher authority is not allowing me to do the same , because in their view I am not eligible to apply till my bond date is over. However, they have asked me for any letter where it allows me to apply in Central govt. job even when he is in probation or bond. 

5. Sir, I am sure that I can apply for central to central jobs, and my bond will get transferred to the next institution. Hence, Can you please me regarding any rules for the same , any letter no. , or any excerpts from swamys Handbook ?


Thanking you
Asked 7 years ago in Labour

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9 Answers

You are allowed two applications per year to other central govt departments. So far the norms were that the post to which applied should be a higher one. Forwarding of the application is at the discretion of the head of office.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Enforcement/Transfer of Bond in PSU's

Government of India has has come out with the ciruclar regarding the Bond Enforcement in PSU Companies. As per the circular, if you change jobs within PSUs, within the stipulated bond periods, you are not supposed to pay the bond amount... the bond amount is just transffered from one employer to the other provided that the employers are PSUs. Details of the circular are as given below -

29. DPE/Guidelines/II(c)/29

Enforcement/transfer of bond in respect of employees of Public Enterprises who leave the services of one Undertaking to join another Undertaking/ Government.

The undersigned is directed to refer to this Department’s OMs No. BPE/GL-017/77/MAN/2(11)/75-BPE(GM-I) dated 13.6.1977 and 23.5.1981 and No. 17/20/84-GM dated 5.2.1985 on the subject mentioned above, which were deleted vide this Department’s O.M. No. 20(5)/95-DPE(GM) dated 10th December, 1997. After deletion of these guidelines, Department of Public Enterprises received references from various quarters for revival of these guidelines to enable them to regularize enforcement/ transfer of bond in the case of public sector employees joining services in Central Govt./State Govt./Autonomous Bodies. The position has been reviewed and after careful consideration, it has been decided to revive this Department’s OMs dated 13.6.1977, 23.5.1981 and 5.2.1985 with the following modifications:

(a) The bond executed by employees of the Public Enterprises, who have received scientific/technical training at the cost of Public Enterprises and have applied through proper channel during the currency of the bond join Central Govt./State Govt. services or take up employment under quasi-government organizations or any other public enterprise either on the basis of competition examinations/tests/interviews organized by those organizations or the Union Public Service Commission should not be enforced subject to the condition that a fresh bond is taken to ensure that the employee serves the new employer for the balance of the original bond period.

(b) The terms of bond whereby an employee of a Central public enterprise receiving scientific and technical training out the expenses of the Govt./Public Sector Enterprises undertakes to repay this specified amount in the event of his failure to serve the enterprise for a stipulated period after completion of his training should not be enforced against an employee who leaves service of public enterprise to secure, with proper permission, employment under the Central Govt., a public enterprise or an autonomous body wholly or substantially owned/financed/controlled by the Central/State Govt. A fresh bond should be taken from the person concerned to ensure that he serves the new employer for the balance of the original period.

(c) To ensure that the requirement of obtaining a fresh bond from a person, where necessary, is fulfilled, the enterprise with whom the employee has executed the original bond may at the time of forwarding his application write to the organization etc. under whom the employee intends to take up another appointment intimating them about the bond obligation of the individual and clarifying that in the case of his selection for the new post, his release will be subject to the condition that the new organization take from him a fresh bond binding him to serve them for the balance of the original bond period; in case he fails to serve the new department/organization etc. or leaves it before completion of the original bond period for a job where exemption from bond obligation is not available, the proportionate bond money should be realised from the individual and refunded to the first organization with whom he originally executed the bond.

2. All the administrative Ministries/Departments are requested to kindly issue necessary instructions accordingly to the public sector enterprises under their administrative control.

(DPE O.M. No. 15(2)/2003-DPE(GM)/GL-57 dated 29th July, 2004)

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Enforcement/transfer of bond in respect of employees of Public Enterprises who leave the services of one Undertaking to join
another Undertaking/ Government.
The undersigned is directed to refer to this Department’s OMs No. BPE/GL-017/77/MAN/2(11)/75-BPE(GM-I) dated 13.6.1977 and 23.5.1981
and No. 17/20/84-GM dated 5.2.1985 on the subject mentioned above, which were deleted vide this Department’s O.M. No. 20(5)/95-
DPE(GM) dated 10th December, 1997. After deletion of these guidelines, Department of Public Enterprises received references from various
quarters for revival of these guidelines to enable them to regularize enforcement/ transfer of bond in the case of public sector employees
joining services in Central Govt./State Govt./Autonomous Bodies. The position has been reviewed and after careful consideration, it has
been decided to revive this Department’s OMs dated 13.6.1977, 23.5.1981 and 5.2.1985 with the following modifications:
(a) The bond executed by employees of the Public Enterprises, who have received scientific/technical training at the cost of Public
Enterprises and have applied through proper channel during the currency of the bond join Central Govt./State Govt. services or take up
employment under quasi-government organizations or any other public enterprise either on the basis of competition
examinations/tests/interviews organized by those organizations or the Union Public Service Commission should not be enforced subject to
the condition that a fresh bond is taken to ensure that the employee serves the new employer for the balance of the original bond period.
(b) The terms of bond whereby an employee of a Central public enterprise receiving scientific and technical training out the expenses of the
Govt./Public Sector Enterprises undertakes to repay this specified amount in the event of his failure to serve the enterprise for a stipulated
period after completion of his training should not be enforced against an employee who leaves service of public enterprise to secure, with
proper permission, employment under the Central Govt., a public enterprise or an autonomous body wholly or substantially
owned/financed/controlled by the Central/State Govt. A fresh bond should be taken from the person concerned to ensure that he serves the
new employer for the balance of the original period.
(c) To ensure that the requirement of obtaining a fresh bond from a person, where necessary, is fulfilled, the enterprise with whom the
employee has executed the original bond may at the time of forwarding his application write to the organization etc. under whom the
employee intends to take up another appointment intimating them about the bond obligation of the individual and clarifying that in the case of
his selection for the new post, his release will be subject to the condition that the new organization take from him a fresh bond binding him to
serve them for the balance of the original bond period; in case he fails to serve the new department/organization etc. or leaves it before
completion of the original bond period for a job where exemption from bond obligation is not available, the proportionate bond money should
be realised from the individual and refunded to the first organization with whom he originally executed the bond.
2. All the administrative Ministries/Departments are requested to kindly issue necessary instructions accordingly to the public sector
enterprises under their administrative control.
(DPE O.M. No. 15(2)/2003-DPE(GM)/GL-57 dated 29th July, 2004)

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can rely upon DPE Guideline which lays down that in case if an employee is shifting from a PSU to PSU or government the service bond should be transferred to the new employer.

 

it woukd be applicable even in case of transfer from govt to govt 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

In case you are on probation and you get selected in another govt job..there is an option of technical resignation. This means that your pay and other things would be protected and you would be working on your new post.this is the option you have so that you don't have to tender a resignation and your seniority and pay would be protected.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Sir, at least to maintain office decorum you should apply through proper channel,all Central Government Rules related to Civilian Employees of Defence are applicable to you, as far as the question of bond read carefully OM No.57 dated:29.07.2004.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

You can Compliant it to the superior else need to challenge the same through writ petition in HC.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Enforcement/transfer of bond in respect of employees of Public Enterprises who leave the services of one Undertaking to join another Undertaking/ Government. ... A fresh bond should be taken from the person concerned to ensure that he serves the new employer for the balance of the original period.

After getting selected, you have to submit all the bond details of the previous employer along with valid document from previous employer. Your fresh bond will be proportionately reduced as per clarification from your previous employer.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

The rules applicable to central government employees in this regard has been informed to you in my previous post,  hence you may follow the procedures as notified.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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