Govt job changing

It is the established policy of the Government that one cannot migrate from department to another department of the Central or a State Government without the knowledge and permission of the parent department. This includes autonomous undertakings, Government departments, public sector undertakings and major Government aided institutions. This is so ever since the British times. In fact I know cases where disciplinary action was taken by the parent department for defying this rule.

Is this a valid policy in a free country? This has to be examined from the point of view of either side. An employee in an organisation, besides getting salary for the work for the employer also benefits by learning through experience. If there is a fast turn over of employees, the employer is deprived of experienced staff. Thus some reasonable restriction is justified to protect the interests of the employer.

On the other hand such a policy in the extreme amounts to bonded labour. This is particularly so if the employer is an all-pervading monolith like the Government.

In short you have no choice but to stick to your parent department and thank your own stars that no further disciplinary action is taken against you.

In any case one does not know whether such a policy does not infringe upon one's Constitutional rights.

Years ago it was the policy of the Government that an application from a Government servant for a passport would not be entertained without a No Objection Certificate from the parent department of the Governemt Servant. Some 40 years ago this requirement was challenged in the Supreme Court. The Supreme Court struck down this requirement saying that the right to a passport was a fundamental right guaranteed under the Constitution. An NOC is still required. But the Government will give it as a matter of routine.

So far no one has challenged this 'through proper channel' rule in a court of law, to the best of my knowledge. Other Forum members may be able to throw more light on this issue.

You have no choice.  You have to beg before the authroities and in all likelihood ti will be refused.

If you have time you can go give resignation and join the new company.

MY PRESENT EMPLOYER ASKED TO ME EXPLANATION THAT I HAVE FAILED TO MAINTAIN DEVOTION TO DUTIES AND UNBECOMONG EMPLOYEE OF THE INSTITUTE.THEN I SUBMITTED THE REPYLE................

MY PRESENT EMPLOYER ASKED TO ME EXPLANATION THAT I HAVE FAILED TO MAINTAIN DEVOTION TO DUTIES AND UNBECOMONG EMPLOYEE OF THE INSTITUTE.THEN I SUBMITTED THE REPLY................

seen your reply.  Not much tenable.

 

It is not clear whether it is in reply to ordinary expanation or inresponse to a chargehseet under CCS(CC&A) Rules.  If it is in response to a chargesheet then expect a penalty order.

I read your explanation. It is in order but for some spelling and grammer mistakes. As I have not seen the notice asking for explanation, I have reservations to that extent. Have they stated on what basis they allege that you lack devotion to duty. You have stipulated that for the first two years you were not allowed to apply. But even after that you have to forward your application through proper channel. You have stated that once they refused to forward your application without assigning any reason. That was reason enough to send your application direct.

The Government rule is that NOC is required just to apply for other Government jobs only. Permission is required even for applying for private jobs. But many people apply for private jobs without the knowledge of the Government, get the job and quit. No action is taken on such person, because no action can be taken. The problem here is because the other department will not accept you.

If you want justice you will have to make many sacrifices. In the first place your new job may not wait for you. If you win the case ultimately,(it may take several years), you may not lose your present job. But your present employer may become vindictive.

again read the explanation attached by you with reference to view of Dr Ramani.

 

Not agreed.

 

Not even a single  sentence in your explanation is legally tenable.  Any smart clerk in administration will be able to prepare a refutation within 2 hours.

 

You have locked horns on wrong issue.  NOC will not be issued by the time you need it.  You have gone far from politeness.

 

Since a misconduct has been committed by you a disciplinary action is on the wings.  If disciplinary action is initiated then no resignation will be accepted.  Even if you get a penalty lesser than dismissal (which is not warranted in this case) and resign unconditionally thereafter then Railways are not accepting you ( as said by you) without NOC.  Even if you quit before disciplinary action and secretly join Railways even then PGMIR can send details to Railways and they can initate disciplinary action on the misconduct done in MGMRI

Dear Sir, My institution is a professional body under DST and I am serving probation right now.

If i want to apply for another job in an autonomous institution, is it must to apply through proper channel (Kindly note that i am in probation period)?

How many years i should work in my current organisation to apply for a job in another organisation through proper channel?

Kindly advice

I joined MES as a 4th grade job in 28th Feb 2017,now I cleared another exam with higher grade pay but I had applied form and appeared in the exam before joining of current job (means before 28th feb 2017.)then Now NOC is required to appeare in my new job's document verification ? Please reply me

I joined MES as a 4th grade job in 28th Feb 2017,now I cleared another exam with higher grade pay but I had applied form and appeared in the exam before joining of current job (means before 28th feb 2017.)then Now NOC is required to appeare in my new job's document verification ? Please reply me

@Upendra Kumar

Yes NOC would be required. You apply to the present employer for NOC.

Sir, if a contract employee resigns and joins another govt job as a contract employee- is resignation acceptance letter and reliving letter enough. Is NOC still required from previous govt employer?  No NOC was issued nor requested at the time of resignation as there was no intent of finding a job in another govt org at the time of resignation.The new job is applied for after a gap of three months of resignation and without serving any organisation in between. Hence please clarify if NOC is still required or reliving letter and resignation letter provided is enough to satisfy the new govt contract job requirement. Thanks.

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