Noc and its validity
K Paramasivam
(Querist) 23 July 2014
This query is : Resolved
A person whose promotion is in question ( High court single judge and bench dismissed the promotion and ordered to revert back to lower cadre and the same was challenged in SCI and the petition is yet to be admitted)) was given NOC for applying a higher post.The condition in NOC is subject to verdict of Supreme court order .The same individual was called for interview. Whether it is correct? Suppose if that person will be selected he can assume the higher post? or the selection to be kept in the confidential cover until the judgement is delivered. Please clarify with some judgement
Raj Kumar Makkad
(Expert) 23 July 2014
Even if such person is appointed to the higher post as per his selection, the same shall be subject to the verdict of SCI so there is no illegality at this stage.
ROHIT SHARMA
(Expert) 24 July 2014
Dear Mr. K. Paramasivam,
1. It appears that you must have contested such promotion of that other person and the same was cancelled by the verdict of the H.C.
2. Then the other such person has filed a special leave petition challenging the impugned order of the singe bench judge of the H.C. and such petition is yet to be listed ( this is tactic for delaying the matter) and in the meantime this other person has given a N.O.C. to his employers that in case the verdict of the S.C. goes against him then he will forgo the promotion.
3. This N.O.C. is preposterous and invalid since the matter is subjudiced.
4. The legal remedy lies by filing a contempt suit before the H.C. against the employers.
5. If need be contact this lawyer for further private legal consultation to resolve the issue of your query.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-mail : lawgate1349@gmail.com
Raj Kumar Makkad
(Expert) 24 July 2014
As employer has clearly mentioned that the selection process is subject to final verdict of SCI so there is no question of making contempt to court.
T. Kalaiselvan, Advocate
(Expert) 25 July 2014
Any opinion given contrary to the ruling will be termed as contempt hence, understand the term yourself and do not raise any more queries on such issues anywhere.
