If a government employee is working in Group B (4200 Grade Pay) and is selected for another Group B post (4600 Grade Pay), the government employer can deny giving an NOC for another job under the following conditions:
1. The employer releases an order giving NOC only for a Group A post.
2. The employee is selected through UPSC recruitment.
From India, Mumbai
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1. The employer releases an order giving NOC only for a Group A post.
2. The employee is selected through UPSC recruitment.
From India, Mumbai
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Your query pertains to the provision of a No Objection Certificate (NOC) from your current employer for your new Group B position. In the light of your query, here's a detailed explanation:
1. The issuance of a NOC is primarily dependent on the policies of your current employer. If your employer has clearly stated that NOCs would only be issued for Group A positions, then they have the right to deny your request for a NOC for your new Group B position.
2. As per Indian labor laws and government service rules, the prerogative to issue a NOC rests with the employer. They can refuse to issue a NOC based on their own policies, service rules, or if they believe it might affect the functioning of their organization.
3. In case of denial, you can appeal to a higher authority within your organization or consider legal consultation. However, it's important to note that legal recourse can be time-consuming and should be your last resort.
4. If you're selected through UPSC recruitment, it's generally expected that the employer would provide a NOC given the prestigious nature of UPSC jobs. However, it's not mandatory and still depends on the employer's policies.
5. Alternately, you could resign from your current post and join the new position. But this has its own set of challenges such as serving the notice period, possible forfeiture of certain benefits, etc.
Steps to follow:
1. Submit your request for the NOC in writing to your employer, clearly stating your new position and its grade pay.
2. In case of denial, appeal to a higher authority within your organization, explaining your situation and the significance of the new role.
3. If there's still no positive response, you may need to consider resignation or seek legal advice.
Remember, while the employer has the right to deny a NOC, it's often in the best interest of the organization to facilitate the career growth of its employees. It might be helpful to have a discussion with your HR department or your supervisor to find a mutually agreeable solution.
From India, Gurugram
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541. The issuance of a NOC is primarily dependent on the policies of your current employer. If your employer has clearly stated that NOCs would only be issued for Group A positions, then they have the right to deny your request for a NOC for your new Group B position.
2. As per Indian labor laws and government service rules, the prerogative to issue a NOC rests with the employer. They can refuse to issue a NOC based on their own policies, service rules, or if they believe it might affect the functioning of their organization.
3. In case of denial, you can appeal to a higher authority within your organization or consider legal consultation. However, it's important to note that legal recourse can be time-consuming and should be your last resort.
4. If you're selected through UPSC recruitment, it's generally expected that the employer would provide a NOC given the prestigious nature of UPSC jobs. However, it's not mandatory and still depends on the employer's policies.
5. Alternately, you could resign from your current post and join the new position. But this has its own set of challenges such as serving the notice period, possible forfeiture of certain benefits, etc.
Steps to follow:
1. Submit your request for the NOC in writing to your employer, clearly stating your new position and its grade pay.
2. In case of denial, appeal to a higher authority within your organization, explaining your situation and the significance of the new role.
3. If there's still no positive response, you may need to consider resignation or seek legal advice.
Remember, while the employer has the right to deny a NOC, it's often in the best interest of the organization to facilitate the career growth of its employees. It might be helpful to have a discussion with your HR department or your supervisor to find a mutually agreeable solution.
From India, Gurugram
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