Abolition of no objection certificate system

saju s s (Querist) 26 December 2013 This query is : Resolved
all public sector companies( except NTPC) and other central/state govt companies/depts are insisting on producing NO OBJECTION CERTIFICATE (noc) from candidates who work in one of these organisations & wish to join other govt organisation. Some companies have formulated their own rules eg. they will issue NOC only after 3/5 years of service.but even after this period , they say it is at the discretion of the mgmt and deny NOC to eligible candidates.
I am a victim of such policy. I have lost better opportunities because of this policy because my company denied me NOC.( They r not ready even to accept the application).
i have come across hundreds of such candidates( engineers/non engineers) who have lost excellent opportunities because of this NOC rule which would have drastically improved their career and personal lives. Instead, they are stuck with a boring/not promising job. it is notable that private sector is not that stringent in case of NOC but INDIA GOVT Companies are hell bent on rules which are ultimately leading to employee dissatisfaction and less productivity.
my question is
1) why govt of india should put a hurdle on the career growth and freedom of an employee to choose his career and job?
2) working in govt company is equivalent to bonded labour? once you join govt company u r locked up?
3) whether govt is promoting people to join private sector than to govt sector?

i would like to challenge this court...i want the system of NOC should be abolished....an individual should be free to change his career and job of his choice while working itself....i need some guidance on this issue...

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ajay sethi (Expert) 26 December 2013
if rules have been framed regarding issue of NOC after completion of 5 years of service then the organisation is bound to issue NOC . it is necessary to go through the rules framed by company you are working for to further advise .

Guest (Expert) 26 December 2013
Dear Ajay,

No binding is there for issue of NOC for any PSU. That depends upon exigency of service of the department or the PSU. They can issue NOC only if they can ensure handling of the work of the absentee without any hurdle. Nobody takes the risk, as fresh recruitment becomes difficult on account of frequent economy instructions from the Ministry of Finance.

The querist is a Manager. I am sure he would also show his reluctance in recommending NOC for any of his subordinate wishing to try his luck in some other department or PSU.

ajay sethi (Expert) 26 December 2013
thanks for clarification Dhingraji . accept your opinion .

V R SHROFF (Expert) 26 December 2013
Well explained by Shri Dhingraji

Guest (Expert) 26 December 2013
Sethi ji,

You are welcome. Actually the provision of NOC is a privelege to the employees, not given as a matter of right. That is also just for the sake of career development of employees wherever possible ithout causing any harm to the official business to add more suffering to the public and unduly high expenditure on futile exercises of repeated recruitments.

Rajendra K Goyal (Expert) 26 December 2013
If some organist has a policy of NOC and one has entered the organization hence accepting the policy. In case of any unfair policy one can approach court to change the policy or Govt. to frame law.

Till the change occur, policy has its validity.

The person going to court may not reap its fruits timely but clears way for others.

Author may come forward to lead if the policy is unjustified.

R.K Nanda (Expert) 26 December 2013
nothing to add more.

Abolition of no objection certificate system

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