LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

To Apply Fresh Recruitment by Already Employed Candidate

Querist : Anonymous (Querist) 31 January 2011 This query is : Resolved 
Dear Sir,
I am already employed in Ordnance factory as a workman. I want to apply for Fresh Recruitment of Administrative Officer in the ICAR (Indian council of agricultural research).In the respective advertisement it is given that,Already employed candidate compulsorily
inform to their Employer that ,candidate is applying for this post. My Employer object me to Apply for the respective post vide my application for "No Objection Certificate"
In Call Letter which is for interview it is given that " In the event of selection, Fresh outside employment will not be considered for the 05 years ."
In my Appointment Letter it is given that ,"Service may be terminated either side by prior application at the time i.e. No one month prior intimation is necessary" before completion of 02 years probation.
can my Employer take object against Fresh Recruitment ? for any answer please Give me

refernce with respective to condition.
samiullah sayyed (Expert) 31 January 2011
first of all ICAR has stipulated that you have to compulsorily inform your employer and as such you are under legal obligation to do that.It is therefor in your intrest to inform your present employer.In case you are very serious about joining ICAR you are free to resign from your present emloyer.
Guest (Expert) 01 February 2011
Your query does not seem to be clear, as there are two contradictory things in your description, i.e., (1) inform the employer that you are applying, and (2) getting no objection certificate from the employer.

There is quite a lot of a difference in informing and asking for no objection for employment elsewhere.

So, if there is a condition just to inform the employer, you need not seek a no-objection certificate. You would have just sent the information under receipt without caring for the no-objection certificate. On selection you could well have submitted your resignation, as per the prescribed conditions.

But, if there is a condition from ICAR that before asking employment with ICAR you would need a no-objection certificate from the last employer, then you can face difficulty in getting employment with the ICAR.

The call letter with a condition that outside employment will not be considered for 5 years merely implies that your application for outside employment will not be forwarded if applied through proper channel. So, according to the condition your present employer can take objection for outside employment for a period of 5 years from the date of your joining, but can't object to your resignation, provided there exits no bond for serving the present employer for a minimum period of 5 years.

PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi
Ajay Bansal (Expert) 01 February 2011
Not a clear quary.
Advocate. Arunagiri (Expert) 01 February 2011
You send a letter by RPAD to your employer giving details of your new application.

If there is no notice period is required as per the agreement, you can send the resignation letter by RPAD and join the new job.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :