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Discussion > Constitutional Law > Human Rights > Is Forwarding of Employment Applications Through Proper Channel / Submission of NOC at the time of Interview in CPSUs from CPSU employee necessary when it is not insisted upon Private Sector Employee?   Unanswered Threads Post New Topic

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There are 12 Replies to this message


KRK RAO


Personnel Manager
[ Scorecard : 83]
Posted On 19 July 2008 at 17:27 Report Abuse

Greetings to all

I earnestly request all to kindly enlighten with more relevant case law / provisions on the subject question "Is forwarding of employment applications through proper channel / submission of NOC at the time of interview in CPSUs from CPSU employee necessary when it is not insisted upon Private Sector employee?".

The Govt. of India has  issued, from time to time,  many guidelines to the affect that “ the forwarding of applications should be the rule rather than an exception. Ordinarily every employee should be permitted to apply for  outside post but they should not be done more than 04 times in a year”. Further, prospects of the bright candidates should not be hampered. Forwarding of applications Through Proper Channel or submission of NOC at the time of interview  is not required for  Private Sector employment. Further, the Government of India had also issued instructions where applications of a Government Servant for appointment / employment elsewhere should not be considered or forwarded viz. if he is under suspension, disciplinary proceeding pending against him or sanction for prosecution had been accorded or charge sheet had been filed in Criminal Court against him.

Further, the Dept. of Public Enterprises, New Delhi (a Nodal Agency for CPSUs), had deleted / cancelled the OMs dated 12-12-1982 and 14-12-1982 dealing with routing of employment applications vide DPE's OM No. 20(5)/95-DPE(GM) dated 10-12-1997 at Sl. Nos. 284 & 374 respectively as these guidelines are no longer necessary or relevant  as it is felt that with the passage of time and changing policies and economic scenario, and the maturity attained by Public Sector Enterprises. Also, OMs dated 13-06-1977,  23-05-1981 and 05-02-1985, dealing with enforcement / transfer of bond in respect of employees of Public Enterprises who leave the services of one Undertaking to join another Undertaking / Govt.,  were deleted vide OM ibid at Sl. Nos. 280, 281 & 282 respectively. However, subsequently after receiving references from various quarters, these OMs dealing with enforcement / transfer of bond had been revived with modifications vide DPE’s OM No. 15(2)/2003-DPE(GM)/GL-57 dated 29-07-2004 (The scanned copies of said OMs are unable to upload as an Attachment in this online). Therefore, the OMs which were deleted and not revived are still no more relevant. From the above, it can be inferred that forwarding of applications for selection in another Undertaking / Govt. is necessary only in case of  the employee who is under bond and not otherwise. As observed in practice, each  different CPSUs are  having different set of rules with regard to forwarding employment applications of their employees to another CPSU / Govt. Organisation and not having equality amongst all CPSUs. This itself  violates equality   as envisaged under Articles 14 & 16 of the Constitution of India.

Reproduced in quotes is the text from the Questioner part in LLR July 2007:

“Hon’ble Supreme Court as well as High Courts have held in many cases that rights of an employee to seek and search better employment are not to be curbed even on the ground that he or she has got some training or even confidential data of the employer. In a recent case of American Express Bank Ltd. vs. Ms. Priya Puri, 2006 LLR 683, the Delhi High Court has held that freedom of changing employment for improving service conditions is a vital and important right of an employee which cannot be restricted or curtailed even on the ground that he or she has possessed the employer’s data and confidential information since such a restraint will facilitate the employer to create a situation such as ‘once a customer of American Express (Bank) always a customer of American Express (Bank)’ which will be violative of the rights of the employee.

Therefore, the condition imposed by us in the promotion policy for not counting the minimum qualifying period on account of applying for outside employment shall be definitely violative of the rights of the employee before the eyes of Law. More over, Govt. of India has also emphasized through its various Administrative Instructions regarding the importance of forwarding the applications of employees for outside employment for their career advancement and the same is to be followed as a matter of rule except in cases where they can be with held in public interest. More over, Public interest is also to be interpreted strictly.”

This issue  was also answered by Hon'ble High Court of Punjab & Haryana vide its judgment dated 22-03-1982 at para 8 in CWP No.392 of 1982 cited in the case of Dr.(Miss) Subhash Kaushal v. State of Punjab & others II - LLJ 1982 page 215.   As per the judgment supra,  production of "No Objection Certificate" was insisted to the candidates who are in service of   one ( the Punjab) Govt. when the same was not insisted to the other candidates who may either be in service of any other Govt. / Semi-Govt. / Authority or may not be in service at all. It was held supra, that the operation of these instructions (imposing such conditions) is likely to do injustice to the candidates who are in the service of the Govt. Thereby offending Articles 14 and 16 of the Constitution of India. This is in fact a judgment in rem having universal application in general and not restricted to parties alone.

Non-forwarding such employment application or non-issue of  NOC or imposing such conditions of forwarding applications Through proper Channel on employees of CPSU may also amount to violation of Human Rights as it is affecting the Rights relating to Life, Liberty, Equality and Dignity of the individual guaranteed by the Constitution as per the provisions under Section 2(1)(d) of the Protection of Human Rights Act, 1993. Imposing such conditions  is also causing a perennial mental agony in the minds of CPSU employees. Non-forwarding of applications may  be treated violation of Article 21 and also Article 23 by treating such acts as Forced Labour on the reason that such acts are inhibiting mobility of Govt. Employees amongst Govt. Depts. / PSUs.  In fact, Fundamental Rights cannot even be waived by any individual.

Further, terms of employment  in CPSUs are governed by the provisions of the Contract Act and such instructions are against Public Policy. In case of selection, the CPSU employee has to resign the present post before joining another CPSU even after his / her application is forwarded through proper channel. Unlike in Government Departments, there is no Right to Lien in CPSUs even after such applications are forwarded Through Proper Channel. Mere forwarding of employment applications by the present employer ipso facto  does not guarantee selection in another Organisation. Whatever the formalities are carried out  to Private Sector employee after their selection can be done to the Public Sector employee by the new employer in case his application is not forwarded Through Proper Channel or NOC was not issued.   

Despite very clear case laws, Constitutional / Human Rights provisions and knowing fully well that Administrative Instructions cannot take away Statutory Rights, all most all the CPSUs are  least bothered while issuing employment notifications imposing unwarranted conditions, who in fact requires human approach and legal education.

The following issues are needed to be answered:

1. Whether imposing such conditions on employees of CPSUs are still necessary / warranted in the present era of Globalisation, Liberalisation & Privatisation  specially when security of employment is not guaranteed  in PSUs ?. 

2. Whether prospects of bright candidates on open selection should invariably depend on forwarding of applications by the present employer to another Undertaking / Govt. Organisation?

Social minded legal practitioners may like to  take up such PUBLIC issues through PIL.

KRK RAO

MA.,MBA(HRM).,LLM(LL).,PGDIR&PM

Research Scholar

 

 



Total thanks : 1 times


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Rajeev Kumar


Professioanl Social worker
[ Scorecard : 369]
Posted On 20 November 2009 at 18:47 Report Abuse

Dear Mr Rao.

It was very enlightening mail. you answered many of my queries.

for a long period, I am looking for law/ rules related to employees working on contract in govt department.

I am also working in central govt department, and facing many discrimination in terms of salary and other entiltlements.

I am professional social worker.. want to enhance my information on law.

I shall  be highly obligded to you. I believe you are the appropriate person, who can answer my queries.

I will not bother you much.  I will  just assk for legal references.

thanks and warm regards

Rajeeev Kumar



SANTOSH KUMAR SAH


SERVICE
[ Scorecard : 30]
Posted On 08 June 2010 at 13:31 Report Abuse

"getting NOC for applying for another job is yr right granted under Constitution of India.
Your employer should forward it with remarks pertinent to you - at the time of forwarding
your application to another employer they can ask for undertaking, as you are abide rules,
that you should give an undertaking that you will resign from present job and join as per
rules and regulations and also you will clear all dues and atleast you will give one month's
notice or pay. If they are not giving you can challenge them at appropriate court. "

Sir, Where i can find the above rule & regulation? so that i can show up to our authority in
this regard. I m working with BSNL as TTA and applied for another job and given an application
to my department for Proper channel allocation but they r avoiding it since 4 month and and now
i hv an interview. Even they have taken undertaking from me for the same as quoted above. while issue a NOC certificate, they asking for rule. sir kinldy send me the rule at my email id santoshcse23@gmail.com.
Kindly help me out.
Thanks & Regards
santosh kumar sah

9431944959



Aravind


Trg Officer
[ Scorecard : 24]
Posted On 22 May 2012 at 23:03 Report Abuse

Sir,

I am a Central Government Employee working as Training Officer in The GP 4600. In my organisation they are turning down my application for higher posts in  other departments employment stating that employee has to complete minimum 5 years period and then also they will forward only one application per year through proper channel.

what I have to do in this ragard. How can I get rid of this problem?

 

Regards

Aravind

 



Aravind


Trg Officer
[ Scorecard : 24]
Posted On 22 May 2012 at 23:10 Report Abuse

Sir,

I am a Central Government Employee working as Training Officer in The GP 4600. In my organisation they are turning down my application for higher posts in  other departments employment stating that employee has to complete minimum 5 years period and then also they will forward only one application per year through proper channel.

what I have to do in this ragard. How can I get rid of this problem?

 

Regards

Aravind



Biswa Mohan Panigrahi


Tax Assistant in Income Tax
[ Scorecard : 22]
Posted On 10 June 2012 at 15:15 Report Abuse

I am presently working as Tax Assistant in Income Tax in the scale of GP 2400/-. Got another Job in Employees' State Insurance Corporation as an SSO with GP of 4600/-. My application was forwarded through proper channel and NOC was issued for interview. The huddles created by the present employer are as follows:

1.         Parent employer is puting an objection that there is a disciplinary action pending due to the event much before the issuing NOC.

Clarification required:        Is it possible to issue any NOC by Central Govt. Office where there is any disciplinary action pending against the applicant and related rules of regulations may please be mentioned.

2.       I have applied for LTC in 2009 within stipulated period after journey and then withdrawned it. No LTC advance was taken. More than 9 months after withdrawl of LTC claim,  inquiry started to check for its fradulency of the ticket.  

Clarification required:      Whether is it possible to start the quiry after withdrawal of LTC claim? If so then time limit for for that enquiry and related rules?

3.       Is there any provision to inform by the parent office to the new office about any disciplinary proceedings pending? if yes, then the time limit and the related rules and regulations towards this. If not informed then what is the consequence steps by individual and by employer after the reporting time elapses. 



ayalasomayajula


scientist
[ Scorecard : 24]
Posted On 01 November 2012 at 16:01 Report Abuse

i have submitted my resignation on 14-08-2012 stating that please relieve me on or before 31-08-2012. i have surrenderd 67 Earned leaves and 17 days of notice period to fullfill three months. I have got the govt job. In this regard i have left the private job.

In my appoint ment letter it was written

"without assigning any reason by giving three month's notice in writing or payment of three month's gross salary in lieu thereof.  In any case, it is mandatory for a faculty member to serve the University till the end of the current Academic Semester (December 2012) during which the resignation is tendered".

Based on this point they are asking me to continue till end of the semester, without accpting my resignation. I have joined the new organaization and they are proceeding againist legally on me.

Please help me in this regard.



Sudhir Kumar


Dy Director
[ Scorecard : 45388]
Posted On 12 November 2012 at 14:41 Report Abuse

dear   ayalasomayajula,

 

Pleae state clearly which organisation has been left and which has been joined and what is the charge new organisation making.



ayalasomayajula


scientist
[ Scorecard : 24]
Posted On 12 November 2012 at 17:10 Report Abuse

Dear sudhir kumar sir,

I have left private university and joined central governament organazation.the private university people are harrasing me in this regard.



balwinder singh


je
[ Scorecard : 22]
Posted On 23 January 2013 at 18:23 Report Abuse

Sir,

      i am serving under cental government department and apply for higher post in state government through proper channel, if i am selected in state governtment ,which is my seniority ?old,when i joined central government or new when i joined state government.




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