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babuli0000 (CA)     03 May 2013

Dicretion in offer by an employer

Respected Sir,

I am presently working  in a PSU and has been selected for a Govt of India job without applying through proper channel or submitting NOC,but I ve disclosed all about my present employment during applying and interview also.

The govt organisation is considering my candidature as well as my selection in minimum of the Pay Scale without mandatory NOC , they r not saying we ll cancel ur canidature.

B.But when I ask for my pay protection , they say u have not submitted NOC.  

    I feel it estoppels them for denial of pay protection rights in a later stage using the ground of nonsubmission of NOC. Fixation of pay is a result or aftermath of my selection  or u can say is a part of selection process.It is like doing Discretion

Thank u


Learning

 2 Replies

Adv k . mahesh (advocate)     03 May 2013

without applying through proper channel or submitting NOC

how come you say your pay was not protected 

wihout giving proper details and you want your pay protection

if you have tendered your application through proper channel and submitting NOC from you previous employer then pay protection would applicable and without that your pay protection is not protected 

babuli0000 (CA)     04 May 2013

 

 

Respected Sir,

 I thank you for your advice . I dont know the exact process when some one is selected though proper channel how is pay is protected.... I ve written about my present employment at the time of applying, details of pay in the necesary columns, discussion done during interview.

    In my layman’s  logic -NOC only says that a person is working in an organization, he/she is allowed to appear the interview and subject to his/her selection he/she will be relieved.  Fixation of appropriate pay is a result or aftermath of my selection  or u can say is a part of selection process. About my past employment and pay particulars I want to prove by showing pay slips of last5 yrs, form 16, my appointment offer, joining letter,, I don’t have any bond obligation/ did not have undergone any higher study or training at company’s expenditure/no pending deptt. enquiry in my name/no vigilance case in my name/I was never under suspension/no disciplinary proceeding pending in my name/no pending court prosecution against my name. I am ready to do an affidavit in this regard. The govt. organization is considering my candidature as well as my selection in minimum Pay without mandatory NOC !.But they do not  pay protection done without necessary documents like NOC. I am not claiming for transfer of gratuity/transfer of earned leave/leave salary or any other benefit of my last service. So as such I am sacrificing a  lot to pursue my career, my only request is my pay is protected. Also  during the time of interview my pay issue was discussed and the selection committee has assured  that  my pay   will be   protected, the selection committee recommendation for 5 increments is also not given !

 Thank you once again

 

 


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