• Non-objection certificate for central govt

Respected sir/madam
I am currently working in central  government dept (Grade pay-4600) since last 5 year.There is no bond and one month notice period in case of resignation as mentioned 

in my offer letter.I have applied for another job (Grade pay-6600) and i applied for NOC after the last date of application .Initially my current organisation did not 

accept my application, giving reason that last date of application process is over.But when i asked to give it in writing the rejection of NOC on late applied basis,then they accepted my application for NOC 20 days ago.But till today 20 june they have not given either NOC or Rejection letter.
My question is
1) Is it mandatory to apply for NOC for outside post within the last date of application ?

2) Is NOC compulsory at the time of interview in central govt dept job , if i do not want pay protection ?

3) Any other alternate method as i have to appear for interview next month in july.

Asked 2 years ago in Labour from New Delhi, Delhi
1) you ought to have applied for NOC within last date of application 

2) 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..

Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

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
46645 Answers
2759 Consultations

5.0 on 5.0

1. NOC is basically a matter of discretion. One cannot hold two public posts at the same time. If you simply walk away and join new employer then the older employer will treat him absconding and after following the due procedure which includes an ex-parte inquiry (if you do not respond to chargesheet or inquiry notice) or regular inquiry, it may dismiss you from service and after having a status of  being dismissed by the govt you cannot be on the rolls of another employer. 

2. If the new employer directs you to show the release order before joining and by that time, you have left the earlier organization the govt organisation will definitely demand it before allowing you to join.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

1.  If you do not want to avail any benefit from the previous employer namely pay protection or technical resignation then you may just tender your resignation by observing the resignation rules.  NOC may not be required.  
However you may have to obtain experience certificate and relieving letter from the previous employer before joining-the new assignment.

2.  NOC may not be necessary but you may have to produce the relieving letter .

3.  You may follow the steps suggested above.
T Kalaiselvan
Advocate, Vellore
36786 Answers
403 Consultations

5.0 on 5.0

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