SsssssAaaaa (d) 17 February 2011

Forwarding applications of govt servant

I would like legal opinion on the following matter:

I am a Medical Officer, employed in Ministry of health and family welfare, Govt of india. I am presently on a study leave ( not paid by the government) and doing higher studies. I am applying for employment in an autonomous institute under the state govt of Andhra pradesh (Nizam's Institue of medical Sciences, hyderabad). I need a NOC from the Ministry and had applied for the same. however, the ministry has refused to give me NOC, due to which I am unable to appear for the interview. I have not received any written intimation by the ministry. they have refused to forward my application. What should i do?

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Amit Pateria (Advocate & Consultant (Law) Supreme Court of India New Delhi) 20 February 2011

Dear Dr. Aggarwal,

If I got you right you have not resigned from the said post of a Medical Officer, Ministry of health and family welfare, Govt. of India further, your leave to pursue higher studies has been duly approved by the Concerned Authority/Department and now while holding the said post with the Central Government you want to apply for an employment with the State Government.

I hope that you are aware of the fact that you can not hold two posts at the same time hence the very first thing you have to do is to resign from the current job i.e. the Medical Officer and then eventually you’ll get the NOC.

Amit Pateria (Advocate & Consultant (Law) Supreme Court of India New Delhi) 20 February 2011

Dear Dr. Aggarwal,

Sudhir Kumar, Advocate (Advocate) 25 November 2011

First of all if you are not being paid you are not on study leave but on other leave. You employee emplyer relation is there with the Govt even if you are not being presetnly paid being on EOL or otherwise. The Ministry has done nothing wong in denying NOC for a job for which you did not apply thregh them.