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SKALIAMOORTHY (Employee)     19 May 2011

Sending application for new post

Subject : Forwarding of Job Application for outside employment Message : Sir/Madam, I am in a Central Government Service, recently submitted an application for a higher post through proper channel, which has to be in turn forwarded by the Ministry concerned (I came to know that for all Group A Gazetted, applications are to be forwarded by the concerned Ministry). In this case, my application was forwarded from my parental department and has been notified to me with the copy of the same. In that forwarded letter, I could notice a statement that so and so if selected for the post applied for will be relieved by this department after suitable substitute is appointed in his place. At this juncture, I need clarification, in case, if my parental department could not find any suitable substitute, do they have right to withhold me by not relieving from this present post to join the new post? If so, what are all the possibility from my side to legally approach this issue? Kindly note that in a similar situation last year, my application was not forwarded and not notified to me in time. I came to know about this, when I approached the parental department for no objection certificate to attend the interview for the post applied. However, at that point of time, I was told that my application was not forwarded by the then director, on public interest. In view of this, I felt highly distressed and don't know how to get out of this type of hurdles. Kindly clarify and give me suggestions.

 3 Replies

M. Munikrishnan (Bank Executive (Retired))     19 May 2011

you are governed by service regulations and terms of employment.      Kindly go thro the same & be guided accordingly.   In the normal course, no Employer can bind you to continue in their service unless you have executed any bond to that effect.    If the terms of employment does not bind you to continue [except for routing the application and due notice period], the present Employer cannot hold your application for outside employment without assigning proper and valid reasons.   Further, it is for the Employer to ensure due process of forwarding the application and making alternate arrangments in case you are selected for outside job subject to service regulations and terms of employment.

1 Like

SKALIAMOORTHY (Employee)     20 May 2011

Dear Mr.M. Munikrishnan Sir, Thank you very much for your guidance and clarifications.

Sudhir Kumar (Retd Govt Officer)     19 November 2011

your application seems to have bee forwarded by the department.  You have to submit tehcnical resignation so that the past service is counted in the pension. 

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