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Issuance of no objection certificate for other government job.

(Querist) 12 September 2016 This query is : Resolved 
I am an employee of PSU, joined in june 2015. As i joined , i am going through 2 years training there after 1 year probation period, which will be
ended at June 2017. It clearly mention in the Appointment Letter as "After successful completion of the period of training and probation, you will be confirmed in the post."
Sir I want to know, are No objection certificate required for me to join another government/ PSU organisation before complete of training and probation period, which completed on june 2017.
I want to appear for other government organisation at higher post.
if my present organisation refused to provide me NOC, then what to do,
Your kind guidance is required for me urgently.
Raj Kumar Makkad (Expert) 12 September 2016
You shall be required to get NOC. It shall be better for you to apply for another job applying through your present PSU so that your lien may remain in this PSU, if permission to that effect is provided. Generally no PSU restricts its employees to move for better prospects.

Let 2017 come.
Naren Chakraborty (Querist) 12 September 2016
thank you Raj sir,
i have one more question.
if the employer is not agree to provide NOC , the what i have to do.
Ms.Usha Kapoor (Expert) 13 September 2016
File a Writ of Mandamus against the employee to issue directions to the PSU where you worked to relieve you with all the original certificates intact.Prior to filing of writ petition you get issued a Legal Notice to the PSU requesting it to relieve you from the post and handover all your original certificates to you.
Kumar Doab (Expert) 13 September 2016
It is not clear what/which is this PSU.




Generically speaking: The situation might be that NOC is not given during training/probation period and even if you pay liquidated damages NOC won't be issued to you till you are in training/probation period!
Kumar Doab (Expert) 13 September 2016
The issue has been discussed in many threads that you may find relevant e.g;



http://www.lawyersclubindia.com/experts/Issuance-of-no-objection-certificate-for-outside-employment-561211.asp
ADV-JEEVAN PATIL, MUMBAI (Expert) 13 September 2016
Normally while on probation period n u quit job, Nov is not denied.
Raj Kumar Makkad (Expert) 13 September 2016
Your query is hypothetical. No such situation has arose and you re wasting time of yours as well as of others.
Rajendra K Goyal (Expert) 21 September 2016
You should apply for NOC / through your department, if organisation refuse, discuss with local lawyer.


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