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anu   25 May 2015

Can psu withhold permission for appearing in upsc exams?

Hello all,
I am working in a PSU and have informed my HOD in writing about my intention to appear in the exam. However, they are not ready to approve my leave and are threatening to call it as unauthorized absenteeism. I am very worried about what to do.

My questions to experienced people in this form:
(a) Can a PSU withhold permission by sending communication to UPSC- if I go on unauthorized leave?

(b)Can they withhold permission by sending communication to UPSC- if I inform them that I will be on leave without pay- for preparing? They might choose to not approve it.


UPSC notification has this line "Persons already in Government Service, whether in a permanent or temporary capacity or as workcharged employees other than casual or daily rated employ-ees or those serving under the Public Enterprises are however, required to submit an undertaking that they have informed in writing to their Head of Office/Department that they have applied for the Examination. Candidates should note that in case a communication is received from their employer by the Commission withholding permission to the candidates applying for/appearing at the examination, their application will be liable to be rejected/candidature will be liable to be cancelled. "

I'll be thankful for any help/guidance in this regard.



Learning

 11 Replies

G.L.N. Prasad (Retired employee.)     26 May 2015

Every rejection of leave must be communicated in writing and should be sent to employee as per Leave rules.  You may get RTI application filed through some other friend/relative at a different branch and seek information from CPIO seeking information as follows:

"Please provide rules and regulations under which a PSU can bar employee from taking UPSC examinations"

Please inform whether leave applied for appearing examinations can be rejected stating this as ground for rejection of leave.

(You may explore the possibility of using alternate reasons of leave which is foolproof)

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     26 May 2015

This is pure clerical behaviour of the HR Department. Escalate the matter to the Top of the Department, preferably meet him personally and explain the matter. I am sure it will be sorted out.

 

Present Employer cannot prevent you from taking another job or applying for another job.

Sudhir Kumar, Advocate (Advocate)     26 May 2015

a) Can a PSU withhold permission by sending communication to UPSC- if I go on unauthorized leave?

 

Yes

 

(b)Can they withhold permission by sending communication to UPSC- if I inform them that I will be on leave without pay- for preparing? They might choose to not approve it.

 

Not udnedrstood

Sudhir Kumar, Advocate (Advocate)     26 May 2015

Some one avised you to put RTI to know the rule under which they can object.

 

In this way they will be forced to hunt for the rule snd will be provoked to apply the same against you.  Do not expect them to be foolish enough not to knwo who caused the RTI. each one in that office mighjt be qualified above 3nd standard when 2+2=4 is taught.

 

Present employer if Govt can object to your appl;ying for other post. The difference is that UPSC does not seek prior NOC  at application stage. They presume NOC is nothing is heard from present deptt within stipulated time.

Sudhir Kumar, Advocate (Advocate)     26 May 2015

The reaspons of rejection of leve nned not be convyed to employee.  Rather he is required to ensure that leave is sanctioned before he proceeds on leave.

Sandeep Hegde(89 717 84 550) (Advocate)     26 May 2015

Until they don't send the rejection letter to you and youbduly recieve it you need not worry. Justbintimate the UPSC that you had intimated about you attending exams. Onus is on the employer to prove the in fact they have rejected the application and communicated but he same to you. Best of luck for your exams.

T. Kalaiselvan, Advocate (Advocate)     30 May 2015

Expert Mr. Sudhir Kumar has explained the underlying danger for which you have sought clarification. Have you applied for permission in writing?, was this acknowledged?, if yes, what was the reply from the authority to whom you have applied for permission to appear in the examinations you are intending to appear?  What was the reason given to for rejecting the application?, if there is no valid reason, whether you have taken up the matter to the top brass of the organisation?, What prevented you from doing it?  The rule by the UPSC is clear which have been reproduced by yourself in the post, so better be clear in what you want to do before doing it. 

 

Sudhir Kumar, Advocate (Advocate)     02 June 2015

It isd not relevant what they tell you.  It is relevant what they write to the UPSC within stipulated time.

Sudhir Kumar, Advocate (Advocate)     02 June 2015

Originally posted by : Sudhir Kumar
a) Can a PSU withhold permission by sending communication to UPSC- if I go on unauthorized leave?

 

Yes

 

(b)Can they withhold permission by sending communication to UPSC- if I inform them that I will be on leave without pay- for preparing? They might choose to not approve it.

 

Not udnedrstood

SOrry on reading again I found my views are liable to be misunderstood and I modify reply to question no 1.

 

a) Can a PSU withhold permission by sending communication to UPSC- if I go on unauthorized leave?

 

Yes. They have to write to UPSC within stipulated time if theyobject to application.  No reasons need to be stated.  They can do so irrespective of fact whether you  be on leave or not.  They have to do so much before you go on leave.  I believe it is within one month of  closing date or one month within intimation.  Please check ad again.

 

 

G.L.N. Prasad (Retired employee.)     02 June 2015

According to me employer's role is to provide NOC at the time of interview.  UPSC is not concerned till then about leave particulars of the employee.  PSU is not proper in intimating leave particulars of UPSC, without request from them and amounts to arbitrary and subject to victimise the employee. (May be I am wrong, but I am entitled for my opinion and final decision is by the member who posted the query.  In several such cases, if the employee is confident, immediately after written examination results, he has to submit resignation, and then there is no need for NOC)

Sudhir Kumar, Advocate (Advocate)     03 June 2015

Originally posted by : G.L.N. Prasad
According to me employer's role is to provide NOC at the time of interview.  UPSC is not concerned till then about leave particulars of the employee.  PSU is not proper in intimating leave particulars of UPSC, without request from them and amounts to arbitrary and subject to victimise the employee. (May be I am wrong, but I am entitled for my opinion and final decision is by the member who posted the query.  In several such cases, if the employee is confident, immediately after written examination results, he has to submit resignation, and then there is no need for NOC)

I partially disagree.

UPSC does not want any NOC.  They just want that the candidate should inform the deptt about the application and obtains undertaking from him.  In case they hear no thing adverse from deptt they presume NOC.

 

Here it is not a case of intimating leave particulars to UPSC nor are they concerned with the same if reported.

 

In other that UPSC cases NOC is must though one has to resign after selection.


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