Denying appointment letter after giving offer letter & completing pre-recruitment formalities

Guest
(Querist) 08 May 2012
This query is : Resolved
Dear sir,
I am an employee in CPSU under probation period of 2 years. Last year i applied for a position in a PSU bank directly as the HR Manual of my employer says that the application of probationer would not be forwarded for outside employment during the probation period nor NOC would be issued to such probationer. Although he may resign at any point of time by giving 1 month notice period or salary in lieu of the same. Also, it is important to note that recruitment advertisement also said "applicants working in govt/psu sector should take prior permission from their employer before applying and present NOC at the time of interview, in the absence of which their candidature may not be considered/cancelled"
I cleared the written exam and interview successfully and declared successful in the final selection list. thereafter i was sent an Offer Letter in which i was told to complete the pre-recruitment formalities including documents verification, medical check-up, and police verification at Howrah Zone, which also i completed successfully. Therafter i was told by Howrah Zone that my final Appointment Letter indicating my branch location would be sent to me in next 15 days by Head Office.
After 10 days i received a telephone call from head office that since NOC wasnt submitted at the time of Interview, i cannt be issued Appointment Letter and my selection would stand cancelled.
I made a personal visit and detailed them that at the time of interview itself i was asked for NOC and i had provided the self attested xerox copies of my employer's HR Manual clearly stating that the NOC to the probationer cannt be provided during the probation period, although he may resign at any point of time by giving 1 month notice period or salary in lieu of the same. Furthermore, i can provide Proper Relieving letter at any point of time before joining.
After it they asked me to wait for 2-3 days for final verdict from their side, although expressed little hope for Appointment letter. Now even after 5 days they arent providing any judgement and everytime they say that the matter is under consideration and i would be informed shortly. Also, they arent replying to my emails now. I have made a detailed complaint to the chairman and GM(HR) also but from them also no reply has come to me in last 24 hours.
Kindly guide what to don next.
ajay sethi
(Expert) 08 May 2012
ason date you have no appointment letter . the recruitment advertisment clearly mentioned that unl;ess NOC was submitted at time of interview candiature would be cancelled .
it is your case that No Noc is required as provided by HR manual . although your organisation may not provide NOC it was term and condion of appointment that NOC is a must .
since you have failed to fulfill condition precedent the bank is not obliged to give you an appointment letter

Guest
(Querist) 08 May 2012
dear Sir, Thanks for yours reply. i was never insisted on for NOC i.e. Interview, Offer Letter, and Pre-Recruitment Formalities time. had i been informed of this earlier i.e. at the time of interview itself i would have not participated in the selection process. Also their Ad says that it should be there at the time of interview only. Furthermore, they acccepted my supporting documents and it is only on the basis of these documents only that i was allowed to appear for interview. There were few other candidates who were denied of the interview on account of no NOC.
But i was allowed and then sent Offer Letter stating the exhaustive list of documents to be submitted, photographs, etc. but NOC wasnt mentioned anywhere in it. Furthermore, even during the Pre-Recruitment formalities and doscuments verification, i was not informed of NOC at any time. Then how can my Appointment Letter be put on hold ? Kindly guide.
ajay sethi
(Expert) 08 May 2012
the terms of recruitment advertisment are crystal clear NOC is a must .