Can psu deny noc to sc/st candidates
MANOJ KUMAR
(Querist) 09 July 2014
This query is : Resolved
i am working in A CPSU in Supervisor Cadre and at the time of joining i had signed a bond with this organization to work with them for 4 years. now i had passed ICWA and on the basis of this i had appeared for written test in another PSU in Executive cadre and for applying to this post i asked NOC from my company but they refused to give it now i have cleared the written test nd my interview is due. i belong to SC category and i again asked my company to review my application and to give me NOC as i am applying for a higher grade position, and that too in a PSU. but again they refused. so i want to know can they deny a SC/ST candidate to give NOC to appear for interview in other PSU. they are telling me that you are in bond period and we do not give NOC in bond period. I am ready to pay Bond amount if got selected but still they are refusing. kindly help me and provide me any case law if available.
Sudhir Kumar, Advocate
(Expert) 10 July 2014
repeated
http://www.lawyersclubindia.com/forum/Noc-to-sc-st-candidate-by-psu-105302.asp#.U73d7UBvdG0
MANOJ KUMAR
(Querist) 10 July 2014
But i didnt get my reply..
Anirudh
(Expert) 10 July 2014
Dear Mr. Sudhir,
I find that for the query at both the places the reply given is : "repeated".
The querist is right that he has not got answer in any of his two posts.
@Manoj Kumar: Please indicate the following:
1. In which PSU you are currently working and to which PSU you are going for interview.
2. In which City are you now working.
3. When is the date of interview in the new PSU.
4. In the meanwhile, please give a letter to your current PSU requesting them to grant NOC to appear for the Interview and also giving it in writing that you will be paying the BOND money in case you get selected in the interview. Very specifically indicate that since the interview is fixed for ......... (give the date of interview), the NOC may be granted urgently.
Take due acknowledgement (with dated stamp) for the letter of request given by you.
There is no special provision whether or not NOC can be denied and that too whether it can be denied to a SC/ST candidate etc. But these things have to be taken up as an issue as and when it comes up. There is no guidelines on this issue so far.
Guest
(Expert) 10 July 2014
Why do you want NOC, when on resignation you are prepared to deposit the bond amount?
Even otherwise, for NOC, the community, SC, ST, or other cast does not come in to picture. NOC is at the sole discretion of the competent authority to grant or refuse in the interest of service.
Rajendra K Goyal
(Expert) 10 July 2014
There is no special provision for SC / ST for giving NOC.
If you are ready to pay Bond money, you can join new concern if selected.
Your present department is justified in not giving you the NOC as you have signed Bond to work for 4 years in the concern.
ajay sethi
(Expert) 10 July 2014
answer queries raised by experts
T. Kalaiselvan, Advocate
(Expert) 10 July 2014
The Bond executed by you will be governed by some conditions in which if at all you are resigning within the stipulated period, you may have to compensate the company monetarily, since you are ready to comply with the conditions imposed, you may tender your resignation with an information that you are ready to comply with the conditions governing the resignation and have an acknowledgement so that further legal actions can be initiated based on your such initial action. consult a local service law practicing lawyer for further advise.
dr g balakrishnan
(Expert) 27 July 2014
MANOJ,
WITHOUT NOC APPEAR THE INTERVIEW.
IF SELECTED, YOU CAN USE YOUR SC CERTIFICATE ISSUED BY RELEVANT AUTHORITY.
PSU IS RIGHT TO REFUSE YOU AS U CAUSED BREACH OF CONTRACT YOU SIGNED,
THERE IS NO GUARANTEE YOU WOULD GET SELECTED SO PLAY SAFE WITH PRESENT JOB, IF SELECTED PROVISIONALLY, YOU CAN SEEK NOC FROM THE PRESENT EMPLOYER AGREEING TO PAY WHAT COMPENSATION YOU NEED TO PAY TO EXISTING EMPLOYER.
ALSO NOTE, IF YOU MOVE COURT NEW EMPLOYER MAY THINK YOU ARE NOT TRUST WORTHY SO THAT WAY PLAY SAFE IS MY ADVICE!
