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Sub : query about forwarding of application

(Querist) 25 April 2014 This query is : Resolved 
To;

Shri P. S. Dhingra

Principal Consultant.



Sub : Query about forwarding of application



Respected Sir,



I’ve got your reference from www.lawyersclubindia.com/profile.asp?member_id=98620#.U1nnEHZRZI8



Sir, I have a small query in respect of forwarding of my application. The matter is as under :



Presently, I have been working with Government of India, Ministry of Textile, Office of the Textile Commissioner, Mumbai as Assistant Director Gr. A (Gazetted)(Non-Technical) in PB-3 Rs.15600-39100 with GP Rs.5400/-. I want to apply for the post of Personnel Officer in the same Pay Band and GP with Surat Municipal Corporation, Surat, Gujarat because Surat is my hometown and my family stays there. My posting is Mumbai hence I have stay away from my family. If I got opportunity in SMC Surat would be good for me, so that I will be able to take better care of my family.



My Parent Department i.e. Office of the Textile Commissioner (Subordinate Office of Ministry of Textiles), Mumbai has rejected my request of forwarding of my application on the following grounds :



1. There is acute shortage of officers in Group A and The Pay Band and Grade pay is same as I have been currently drawing.



Sir, my records are very clear. In my APAR my reviewing officer has graded me 8.61 and outlined me as an Asset to the organization. I am very clear from Vigilance Angle also.



Though, I implored a lot, my department is not ready to forward my application. I am told, that If I want to leave, I can resign and leave. I am ready for that also but forwarding of application by the present employer is compulsory for applying to the new post at my hometown.



Sir, I beg to kindly guide me that is there any such rules that application can be withheld if Pay Band and Grade Pay are same ? I am again asked to submit the rule position that application can be forwarded even if pay scales are same.



Sir, I would be so grateful if you could kindly guide me precisely so that I can submit such rule position to my department to get my application forwarded by them to Surat Municipal Corporation, Surat.


This would be your great favour for my family which consist of 3 female members i.e. my mother who is 66 years old and needs medical assistance frequently, my wife and my teenaged daughter.


God Bless you. Please Reply Sir,
Guest (Expert) 25 April 2014
In any Governement department exigency of service is the formost criteria to be taken care of before forwarding any application. An employee cannot claim forwarding of application as a matter of right. It is always at the discretion of the controlling authority.
T. Kalaiselvan, Advocate (Expert) 26 April 2014
I think the head of the department will not be the final authority in deciding such cases, you may approach the higher officer if the situation warrants.
ISMAIL SHARIF (Querist) 26 April 2014
Thank you very much for ur suggestions I m obliged
dr g balakrishnan (Expert) 18 October 2014
you applied for the post at SMC, you send your application directly and say you will submit NOC from your dept. when selected for the post.

then the SMC can provisionally admit your application and provisionally select you if selected resign the present post and produce your office acceptance of your resignation that would your NOC.


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