You can ask NOC from employer during probationary period 

2) it would not extend your probationary period 

3) it would not be reasons for not giving next promotion 

You cannot seek NOC during your probationary period . You can resign by giving them a notice period . During the probation period generally NOC is not issued

Dear Sir,

You can get NOC and resignation is recognized by SC as follows:

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Employee Has Right To Resign, Subject To Stipulations In Service Rules: SC Relief To Ex-Employee Of Air India [Read Order]

Supreme Court - Daily Orders

Sanjay Jain vs National Aviation Co. Of India ... on 1 November, 2018

                                               REPORTABLE

                                      IN THE SUPREME COURT OF INDIA

                                       CIVIL APPELLATE JURISDICTION

                 CIVIL APPEAL NO.7822 OF 2011

       SANJAY JAIN                                               APPELLANT(S)

            VERSUS

       NATIONAL AVIATION CO. OF INDIA LTD.                                 RESPONDENT(S)

                                                      WITH

                                        CIVIL APPEAL NO.10881/2018

                                 (ARISING OUT OF S.L.P.(C) NO.27941/2017)

                                                   O R D E R

CIVIL APPEAL NO.7822 OF 2011 Heard the learned counsel for the parties. The appellant is aggrieved by the judgment and order dated 7.9.2010 passed by the High Court of Bombay, dismissing Writ Petition No.1740 of 2010. The question arises whether the appellant ceased to be an employee of the respondent on 1st October 2006 since he had resigned on 1.9.2006 as 30 days period came to an end on the aforesaid date.

The appellant joined the services of Air India Ltd. as Assistant Aircraft Engineer in Major Maintenance Division of Engineering Department w.e.f. 1.9.1992. As per the terms and conditions, he was required Signature Not Verified to serve Air India for a Digitally signed by minimum period of five years, as BALA PARVATHI Date: 2018.11.20 17:01:15 IST Reason:

per the condition stipulated in the letter of his appointment. As on the date he resigned, he had completed five years of service. The Certified Standing Orders framed under the Certifying Officer Under Industrial Employment (Standing Orders) Act, 1946 (in short “The Act of 1946”) as introduced in Air India Ltd. and as applicable to the establishment, required the employer to define the terms and the conditions of service applicable to a workmen and inform him of the same. The Certified Standing Order, inter alia, deals with the conditions under which an employee can tender his resignation. He is entitled to receive the certificate of service rendered at the time of cessation of his employment.

The Certified Standing Order confers a right on the employer under the Act of 1946 not to accept the resignation if at the relevant time of his resignation any disciplinary action is pending or is contemplated.

As per the case set up by the employee, Certified Standing Order prescribes that an employee can leave the service by serving 30 days' notice or paying the sum equal to 30 days wages. The question of acceptance arises in a case of a shorter notice, for resignation where the question of payment of wages as involved. The resignation is effective after 30 days even without its acceptance. The appellant served notice for resignation on 1.9.2006 to take effect from 1.10.2006, precisely on expiry of 30 days' period. There was no right available with the Air India Ltd. to decline to accept the resignation as informed vide communication dated 20.9.2006.

After resigning, there was cessation of employment with the Air India Ltd. The appellant then joined Jet Airways on 3.10.2006. He approached the Air India to release his pending dues, provident fund, gratuity, and unpaid wages. Air India Ltd. issued a letter dated 16.7.2008 to the effect that since his resignation had not been accepted, he was asked to report for duty. The appellant raised the grievance in the centralized grievance cell and served a reminder for payment of the dues. Ultimately, the appellant filed writ application in the High Court of Bombay on 23rd July 2010 which had been dismissed. Consequently, the appeal has been filed in this Court.

It was urged by the learned counsel appearing on behalf of the appellant that there was no necessity of acceptance of resignation under Standing Order 18 framed under the Act of 1946. By virtue of the provisions contained in Standing Orders, 30 days’ notice has to be given or wages in lieu of the notice period has to be paid by a permanent workman. He has relied upon the decisions in Punjab National Bank v. P.K. Mittal (1989) Supp. (2) SCC 175, State of U.P. v. Achal Singh (2018) 10 SCALE 89, andDinesh Chandra Sangma v. State of Assam. (1977) 4 SCC 441.

On the other hand, learned counsel appearing on behalf of the respondent has relied upon the decision of this Court in Moti Ram v. Param Dev and Anr. (1993) 2 SCC 725 to contend that acceptance of resignation was necessary. In order to appreciate the rival submissions, it is necessary to consider the provisions contained in Standing Orders 17 and 18 of the Standing orders framed under the Act of 1946 by Air India. Standing Orders 17 and 18 are extracted hereunder:

“17. Termination of service:

(i) The services of a workmen may be terminated by the Competent Authority, without assigning reasons as under:

(a) Of a permanent workman by giving 30 days notice in writing or wages in lieu of notice.

(b) Of a workman on probation by giving 7 days notice by giving 24 hours notice in writing or wages/stipend in lieu of notice.

(c) Of a temporary workman including apprentice by giving 24 hours notice in writing or wages/stipend in lieu of notice.

(d) of badli or substitute without notice or wages in lieu of notice.

(ii) No notice is necessary for terminating the service of a workman employed for a specified period at the end of that period.

(iii) No notice is necessary for terminating the services of a casual or part-time workman.

(iv) A workman who is absent without permission for a period of ten days or more will be deemed to have voluntarily abandoned the services of the Company.

If you are aggrieved by denial of promotion which is not done as per Service Policy of your organsiation then you can challenge this decision before the High court or the Administrative Tribunal.

The same remedy is available for denial of NOC a well.

Without seeing the Staff Regulation/ Service Rules of your organisation it is very difficult to advise.

It depends on the condition and policy of your probation period.. If you can move out without any condition you can seek noc and apply at the other place

File a Writ for your grievance before the Hon'ble High Court immediately because this has been done deliberately to harass you which is common in government/semi government organizations so don't wait file and for your first question you can make a request for NOC either in probation or not.

You are into permanent service for 17 years, how come you put on probation on promotion. No such concept like promotion shall be confirm on the success of promotion. NOC for higher education cannot denied if no effect office time neither reason to deny service benefits. 

PAR cannot be revised and GM can refuse promotion on his discretion but cannot reverse the PAR.

You can apply for NOC and the same will not have any effect on your promotion prospect if you do not leave the company and continue to work with the company. 

Regards 

You can obtain NOC from your current employer at any stage of your service.

This probation period is just for the promotion that has been given to you and it has nothing to do with this NOC.

By giving NOC your services with your current employer has not come to an end until you have tendered resignation to join a new employment hence your service conditions for next promotion will remain same without any change because of this NOC.

You have the rights to seek information about the reasons for downgrading your PAR because your superiors have given a higher ratting whereas the GM has put his pen against this without assigning any valid reason and you were not even informed about it so that you can improve your performance in the coming years.

You can give a representation to the competent authority seeking the information.

If you fail to get a convincing reply you can file a writ petition before high court to reverse the decision of downgrading you which affects your promotion and career

Dear sir

You cannot ask for NOC for joining another PSU during Probation period.

But if you still ask for NOC it will not affect the duration of your probation period and it will also bit effect your chances for promotion.

But If GM having personal grudge with you, then you should avoid asking for NOC and just resign if you get the job in another PSU.