• Regarding No Objection Certificate

I am currently working as a Primary School teacher in Govt. Sponsored school under District Primary School council Purba Bardhaman district in West Bengal. 
I have recently selected as a Jt. BDO through West Bengal Civil Services exam. 
But at the time of form fill up in 2018 i didn't write any application letter to my higher authority ( in this case DPSC through circle office).
After declaration of result i have recently submitted Intimation letter to my circle office sub inspector. 
I don't have any NOC with me . I just have the receive copy of the recent intimation letter. 
In this scenario will there be any problem for joining the new service . What steps can i follow now ?
Asked 4 years ago in Labour

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

8 Answers

You need to submit a proper resignation to the dpsc and obtain a relieving letter. A letter of intimation is not sufficient.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

- As per the Employment Act, employees have the right to resign at any time, by serving notice or by compensating the employer with salary in lieu. It is an offence for employers to disallow employees to leave their job.

- Further, the Supreme Court has declared  , that to resign is a right of an employee who cannot be forced to serve in case he is not willing until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the service. 

- Hence, if you want to tender your resignation from the government job, then you should submit a resignation letter after stating the valid reasons, and declaring that not any departmental of vigilance inquiry is pending against you, to your appointing authority through proper channel.

- Legally, in government job , the notice period is 90 days , and further you may be called by the competent authority to explain the reasons for the resignation , and thereby they will issue a Relieving letter to you. 

- Since, you have already selected for the new job, then you can inform the competent department for the same after tendering resignation , and thereby request to issue Relieving letter 

- Further, as  the new job enquiry will take 3 months ,then you can work for the notice period even after resigning from the job. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You should have obtained NOC mere intimation letter would not suffice 

 

You can resign from service after receiving appointment letter 

 

submit your reliving letter 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can obtain relieving letter, after you get appointment but before joining. On the date of joining you need to produce your reliving letter from ex-employer. 

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

It is pertinent to obtain NOC from the previous employer in order to enable you to join the new employer 

It is not a criteria that you should have obtained NOC at the time of applying for this job, but you can obtain NOC and the relieving letter simultaneously.

If the previous employer refuses to provide NOC, you may ignore the same and submit only the relieving letter provided by the previous employer to the new employer.

In case of any legal issue on this you can resort to legal action as per law if need be

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

It is important and essential to produce the relieving letter to the new employer unless you may not be taken on the salary rolls of the new employer.

 

Unless you do not tender your resignation you may not be furnished with the relieving letter.

Hence you may have to adopt the proper steps one by one in order to smoothly join the new emloyment without any hassle.

.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

No you can join the same and if they ask for noc you can tell them it will be received by you in due course of time

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Ask a Lawyer

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