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Noc requirement

Guest (Querist) 26 October 2016 This query is : Resolved 
it is kindly submitted that i have applied for ECL srd for pwd (ref no Ref.No. ECL/CMD/C-6/Recruitt./16/50) on or before10 may 2016 and there after i have got employment under rites ltd (PSU) on 3 june2016.
i am reproducing the point of advertisement issued ECL, heading no5 point (e)as
"(e) Candidates working in Govt. /Semi Govt. Public Sector Undertakings of Central/ State, Autonomous Body,
Aided Institutions should send no objection certificate (NOC) from the present employer along with application
form."
as at the time of applying i am no where in employment and now its genuine hardship i am facing due to NOC requiremnt of subsequent employment even after almost passing of 1 month of last date of closure of application in ECL i.e 10 may 2016.
no where mentioned in advertisement regarding NOC for subsequent employment after applying for ECL.
i can provide relieving letter at the time of joining and duly certified copy of resignation letter which clearly mentioning about the job in ECL.

but ecl prospective employer not ready to accept this and asking me to give noc.
my present employer does not know about this as i from my point of view they have nothing to do with this noc as ihave applied to ecl job before going in job in present employer.
please suggest remedy
Guest (Expert) 26 October 2016
In the whole long story one main point is missing.

How ECL could know that you have now been employed in Rites, when you applied when you were unemployed?
Rajendra K Goyal (Expert) 26 October 2016
Please reply the question from the expert P. S. DHINGRA.
Kumar Doab (Expert) 26 October 2016
Date on application, appointment letter should explain the matter.
Guest (Querist) 27 October 2016
Respected sir,
This is to reference to your reply on my post I would like to tell you that I have disclosed in attestation form provided by prospective employer.
I don't received offer letter from prospective employer yet as verification will be undertaken for all selected candidates.
Date of applying to prospective employee is 27 April 2016
Last date of form is 10 may2016.
Date of appointment in rites is 3 June 2016.
It is clearly mentioned in advertisement that candidate working in PSU/govt shall send noc along with application form.
I further draw your attention as I was not in employment anywhere then how can prospective employer can ask for noc.
I can give relieving letter but prospective employer wants noc and relieving letter both.my contact8962890981.
It would be my immense pleasure to have your call as no call details of yours provided here
Guest (Expert) 27 October 2016
Hurdle by yourself by mention in the attestation form cannot now be rectified. Since presently employed in PSU, NOC of present PSU employer becomes necessary, as without that the new PSU is forbidden to offer service to the employee of another PSU without their consent.
Kumar Doab (Expert) 27 October 2016
If your rights are infringed upon by anyone in any manner, you have the right to seek legal help.




Subsequent to application when you are employed with one employer and want to join another employer, write on changed condition from unemployed to employed and ask tom provide the requisites:::: say NOC. Have you done that? Confirm?



Appraise the next employer of the situation that you seem to have done.




Nothing forbids you to write and appraise of the situation and ask for requisites.




Built your irrefutable record under proper acknowledgment.




In any case if you or anyone decide otherwise, and matter lands up in court of law, then your case file shall have irrefutable evidence.
Guest (Querist) 27 October 2016
Dingra sir,
As per advertisement ,on application date I was not in employment and noc condition is fixed with application date.
How can I ask for noc from present employer for the period during which I have no connection with present employer.
It is my integrity to disclose all the matter as now it is causing genuine hardship.
Whether Relieving letter be sufficient ?
Before job offer shall i proceed to resignation of present job.
Please provide remedy
Guest (Querist) 27 October 2016
Pls tell also the best way to take noc from present employer.
Rajendra K Goyal (Expert) 27 October 2016
You can discuss internally with staff section for way out.
Guest (Expert) 27 October 2016
None of the two PSUs can go outside the purview of the instructions of the Government.
Dr J C Vashista (Expert) 29 October 2016
Nothing more to add, very well advised by experts.
Kumar Doab (Expert) 29 October 2016
Nothing forbids you to write and appraise of the situation and ask for requisites.

Built your irrefutable record under proper acknowledgment.


In any case if you or anyone decide otherwise, and matter lands up in court of law, then your case file shall have irrefutable evidence.
Kumar Doab (Expert) 29 October 2016
You are clear in your query.

Rest is application of mind by executives in both establishments.


If NOC under current situation is not possible then how can it be given?


If NOC under current situation is not possible then why should it be demanded?



You may engage in writing under proper acknowledgment both past and current employer and build irrefutable written record.



Yours may be another case where employee, court of law is burdened, due to non application of mind by executive.



Act to defend your interest.


LCI Expert Dr J C Vashista might be at your location and handles such matters.


You may benefit from his counsel.
Kumar Doab (Expert) 29 October 2016
Subsequent to the last post:

You may add to ask 'What are the instructions of the government in such case and also for purview of the executive'.............even if thru RTI.



The executives do fill up the blanks then why not in matters where common sense can also provide direction.



If such case has occurred in past (if more so decided in court of law) the concerned executive could have asked to include in directions.




Remain amiable and gentle.






Rajendra K Goyal (Expert) 29 October 2016
Can be benefited from the advice of the expert Kumar Doab.


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