Yes it will strengthen your case on Medical grounds. Denial of noc arbitrarily is illegal and cannot be sustained in eyes of law

The Bank cannot legally enforce a 5-year bond period when your signed bond clearly states a 3-year obligation, which you will have completed by July 31, 2025. Contractual terms cannot be retrospectively altered without your consent or a fresh agreement. Any unilateral imposition of an extended bond period beyond what you signed is legally unsustainable and may be challenged.

Regarding remedies against wrongful NOC rejection, you should first exhaust internal grievance and appeal mechanisms within the Bank by formally submitting the signed bond highlighting the original 3-year period and requesting reconsideration of your NOC application. If internal remedies fail, you can send a legal notice demanding issuance of the NOC, explaining the legal invalidity of the extended bond clause and warning of consequences if the Bank persists in wrongful denial. Should the Bank continue to refuse, filing a writ petition under Article 226 of the Constitution in the appropriate High Court is a viable course of action. Courts have held that public sector undertakings must act fairly and not impose unlawful conditions that harm employees’ rights.

On your ability to resign without an NOC and compel the Bank to relieve you within the notice period or by buying it out, since you have completed your contractual bond, the Bank lacks valid grounds to withhold NOC to frustrate your resignation. You may submit your resignation, insisting on acceptance within the notice period or offer to pay applicable buyout charges as per Bank policy. If the Bank refuses or delays your relieving, you can seek judicial intervention to compel acceptance and issuance of relieving orders. It is important to document all correspondence and responses for use in legal proceedings if needed.

Resigning on medical grounds related to your father’s serious health issues may bolster your case by invoking humanitarian and compassionate considerations. This can encourage the Bank to expedite acceptance and relieving on compassionate grounds and support interim relief applications if delays occur. However, medical grounds do not override contractual terms but may mitigate strict enforcement.

As for the recommended course of action, you should:

• File a formal internal appeal against the NOC rejection, attaching clear proof of bond terms and completion.

• Concurrently prepare a legal notice demanding issuance of the NOC and warning of judicial action.

• If internal efforts fail, initiate a writ petition in the High Court challenging wrongful denial and compelling acceptance of resignation and relieving.

• Upon securing an external offer, tender your resignation citing bond completion and medical grounds if applicable, requesting immediate relieving within notice period.

• Retain legal counsel to ensure procedural compliance and timely escalation.

In summary, the Bank’s attempt to impose a 5-year bond post your repatriation is legally baseless, and their denial of NOC in your case is likely unlawful. You have valid legal remedies internally and judicially to protect your employment rights and career prospects. Medical grounds may provide additional leverage. Prompt, well-documented action is critical to prevent arbitrary delays or refusal to relieve you upon resignation.

If you require assistance drafting legal notices, appeals, or court petitions, or for strategic guidance, professional legal support is advisable to ensure effective protection of your rights.

1. Five year lock period is not a clause in service bond, it cannot be enforced against you. In the absence of any clause for five years lock period, bank cannot reject you application for NOC.
2. You can certainly approach High Court and compel NOC, before that you can explore other options, refer to the internal regulations and rules.
3. The Supreme Court laid down the  principle that resignation is a voluntary act of an employee. He may choose to resign with immediate effect or with a notice of less than three months if the bank agrees to the same. Bank cannot prevent an employee for resigning. You can also offer a buy out  the  notice period.
4. As it is your right to resign, but if medical ground is genuine you can certainly take such ground.
5. It is advised to explore internal redressal mechanism provided matters are not dragged beyond acceptable duration.

Bank cannot enforce 5 year bond period 

2) you can send legal notice to bank .however before doing so make internal representation to your superiors 

3) if it fails then approach court for necessary reliefs 

4) you are at liberty to resign from bank 

5) your father is not suffering from any serious illness . It would not strengthen your case 

Enforceability of the 5-year bond condition

On the facts stated, your original signed service bond obligated you:

• Not to leave during your overseas posting; and

• To serve 3 years after repatriation to India.

This obligation ends on 31 July 2025. Any subsequent policy change imposing a 5-year post-repatriation bond without your written consent is a unilateral alteration of contract terms. Under Indian contract law (Sections 10 & 62, Indian Contract Act, 1872), an employer cannot impose new binding conditions without the employee’s agreement.

In similar service bond disputes, courts (e.g., Central Inland Water Transport Corp. v. Brojo Nath Ganguly, SC) have held that unreasonable or unilateral clauses are not enforceable if not part of the original contract or accepted by the employee. Therefore, the Bank cannot legally enforce the 5-year condition against you unless you expressly agreed in writing.

2. Wrongful rejection of NOC — Remedies

NOC for appearing in interviews is an administrative requirement, not a statutory condition unless specifically mandated by service rules. Arbitrary refusal without a valid contractual basis can be challenged on grounds of:

• Violation of principles of natural justice;

• Colourable exercise of administrative power;

• Unreasonableness (Wednesbury principle).

Available remedies:

• Internal representation/appeal to higher authority (GM/HR or CMD) citing bond completion date.

• Legal notice demanding NOC issuance, warning of legal proceedings.

• Writ petition under Article 226 before the High Court seeking mandamus to direct issuance of NOC — viable especially if refusal jeopardises career opportunities.

Courts have in many cases directed public sector employers to issue NOCs where the refusal was arbitrary and contrary to service agreements.

3. Resignation without NOC

NOC is generally not a prerequisite for resignation itself — it is often required only for applying for other posts in government/public sector. If you tender resignation in accordance with your Service Regulations (commonly 3 months’ notice or pay in lieu), the Bank is bound to process it unless there is:

• A subsisting valid bond period; or

• Ongoing disciplinary proceedings; or

• Specific statutory restriction.

If they refuse to relieve you without lawful grounds, you can:

• Serve legal notice;

• Approach High Court for a direction to accept resignation and relieve you within notice/buy-out period.

4. Resignation on medical grounds of father

Medical grounds are generally considered a compassionate reason for expedited relief. While it may strengthen the humanitarian aspect of your request, it should be supported by:

• Medical certificates from authorised hospitals;

• A clear explanation of your father’s dependence on you for care.

However, if the real dispute is the NOC/bond period, the Bank may still resist. Medical grounds are not a legal “trump card” but can make refusal look unreasonable if challenged in court.

5. Recommended course of action

Step 1 — Internal Representation:
Write to HR/Competent Authority citing the exact bond clause, completion date, and refuting the 5-year claim. Attach a copy of your signed bond. Request NOC and warn that refusal will be challenged.

Step 2 — Legal Notice:
If no relief, issue a legal notice through counsel demanding withdrawal of the wrongful bond condition, issuance of NOC, and clarification on resignation terms.

Step 3 — Writ Petition:
If the Bank persists, file a writ petition in the jurisdictional High Court seeking:

• Quashing of the 5-year condition;

• Direction to issue NOC;

• Direction to accept resignation within the contractual notice period.

Step 4 — Keep resignation option ready:
If an external offer is in hand, submit resignation in compliance with service rules and make clear that notice pay will be remitted if relieving is delayed.

Conclusion:
The Bank cannot legally enforce the 5-year bond if your signed agreement states 3 years. Arbitrary refusal of NOC can be successfully challenged in High Court. You may resign without NOC if you comply with your contractual notice requirements. Medical grounds can add moral force but are not strictly necessary if the legal position on the bond is clear. Proceed first with an internal appeal, then a legal notice, and be prepared to move the High Court for time-bound relief.

• 5-year bond enforceability – The Bank cannot legally enforce a post-return 5-year bond if your signed bond stipulates only 3 years and you never consented in writing to any change.

• Wrongful NOC rejection – You can challenge this by:

  • Sending a formal representation to higher management/HR citing the bond terms.

  • If unresolved, issuing a legal notice.

  • Filing a writ petition in High Court under Article 226 for violation of service rights.

• Resignation without NOC – You may resign by serving the contractual notice period or paying salary in lieu, per service rules. An NOC is not legally mandatory for resignation unless expressly required in your employment terms.

• Medical grounds – Resignation citing your father’s medical condition may add humanitarian weight, but your legal right to resign rests on the completed bond and notice rules, not medical reasons.

• Recommended sequence –

  • File internal appeal/representation with proof of bond completion.

  • If rejected, send a legal notice.

  • If still unresolved, proceed with a writ petition to enforce acceptance of resignation and relief within notice/buyout terms.

1. Your employer cannot enforce the changed policy of 5 years bond when you originally signed for 3 years bond alone, you will not be subjected to the conditions as per the change in policy when you have not consented for it when the changes were introduced.  The employer cannot stop you from resigning the job if you have served or paid the compensation in lieu of the notice period.  

2. You need be worried about NOC  especially for a senior position like yours, NOC may not be an essential aspect for the new employment, however you secure the copy of the application applied for NOC  and there rejection with or without any reason. 

3. In India, employment is generally considered at-will, meaning an employee can resign at any time, provided they adhere to the terms of their employment contract, particularly the notice period.

4. Your father's medical issue cannot impact your resignation or continuance of employment, you should rely on your strength and reason for resignation.

5. Once the notice period is complete, the employer is obligated to provide the employee with a relieving letter and other necessary documents. If the employer refuses to accept the resignation or provide the relieving letter, the employee has legal recourse and can seek assistance from labor law authorities or legal counsel. 

Dear client,

Opinion on the Issues Raised

1. 
   Enforceability of the 5-year bond period
   From the facts you have shared, the service bond you signed clearly required you to serve the Bank for 3 years after your return from overseas posting. That period ends on 31 July 2025. Any subsequent policy introducing a 5-year obligation after repatriation cannot be enforced against you unless you have expressly agreed to it in writing. An internal circular or policy change cannot amend the terms of an executed bond retrospectively without your consent. In my view, the 5-year condition is not legally binding on you.
2. 
   Remedies against wrongful NOC rejection
   The Bank’s rejection of your NOC request on the basis of a non-existent 5-year bond obligation appears arbitrary. As a PSU bank, its actions are open to judicial review under Article 226 of the Constitution. You can:

• First, make a formal written representation to the competent authority (HR/GM level) pointing out that the bond terms have been fulfilled and attaching a copy of your bond.
• If this fails, send a legal notice alleging violation of contractual terms and arbitrariness.
• If still unresolved, file a writ petition before the High Court seeking quashing of the NOC rejection and a direction to the Bank to issue the NOC.

1. 
   Resigning without an NOC
   If the service rules do not make an NOC a pre-condition for resignation, you are entitled to resign directly. You can invoke the buyout clause under the applicable service regulations (salary in lieu of notice) to seek early release. If the Bank refuses to process your resignation without an NOC, you can serve a final notice stating your last working day and approach the High Court for a writ of mandamus directing the Bank to relieve you.
2. 
   Resignation on medical grounds of your father
   Resigning on medical grounds, supported by documentary proof of your father’s health issues, can strengthen your case for immediate relief on humanitarian grounds. While this is not a strict legal compulsion on the Bank, courts are generally sympathetic to such situations.
3. Recommended course of action

• Step 1: File a detailed representation to the competent authority challenging the 5-year bond claim and requesting reconsideration of the NOC rejection.
• Step 2: Keep all communications in writing. If you decide to resign, make it clear in your resignation letter that the NOC requirement is being wrongly enforced.
• Step 3: If the Bank obstructs your resignation or relief, send a legal notice and move a writ petition before the High Court seeking a declaration that the 5-year condition does not apply to you and directions for the Bank to relieve you.
• Step 4: If urgent relief is needed, resign on medical grounds while pursuing your legal challenge in parallel.

Conclusion: In my view, the Bank cannot enforce the 5-year condition against you, and the NOC rejection can be successfully challenged. You can resign without an NOC under your service rules, but to minimise the risk of delay in joining elsewhere, I recommend beginning with an internal appeal and preparing for immediate legal action if the Bank stalls. Medical grounds can be used as an additional supportive factor.