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babuli0000 (CA)     28 April 2013

Pay protection without submitting noc

 

I m  working in a PSU , applied a govt of India job directly and inspite of mandatory NOC they allowed me to appear interview, I was selected pre-joining formalites completed and appointment letter came with exact basic pay the r offering, I requested saying I m in a govt job, had mentioned that in application, we had discussion about my pay  during the interview, u completed all formalites without NOC and now when I ask for my pay protection u insist for NOC which I have shown inability from begining. I am intrested for the new job but losing pay by 30,000 as on date.How u look at this situation ? What advice will u give me ? 



Learning

 8 Replies

Sudhir Kumar, Advocate (Advocate)     30 April 2013

you cannot get pay protection

1 Like

Isaac Gabriel (Advocate)     02 May 2013

Your's is a fresh appointment.Mere forwarding your application is not a guarantee that pay protection is granted on relief or joining the new post.In this situation your assumption is perhaps not founded on any rules either in the PUS or inthe central Government.

1 Like

Sudhir Kumar, Advocate (Advocate)     02 May 2013

repeated

babuli0000 (CA)     03 May 2013

 

Thank you for ur time and opinions.

 

Now look at the situation in a different angle---

 

 A.The govt organsiation 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 Iask for my pay protection , they say u have not submitted NOC. 

 

    I feels 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

 

Sudhir Kumar, Advocate (Advocate)     03 May 2013

talk logic.

 

without service book how one deptt can be sure that you were drawing what pay.

 

why old PSU will sernd service book when they have not given NOC and when your regsination will be on other ground.

 

As far as you consideration is conscerned let the matter be reported to CVC and responsibility can be fixed on some officials for affording undue benefit to you.

Sudhir Kumar, Advocate (Advocate)     03 May 2013

if you are that much sure then you file case in CAT.  This forum does not fight cases of persons making queries.  You have alreadybeen advised on various threads.

babuli0000 (CA)     03 May 2013

 

Respected Sir,

 I m new to this forum…I don’t wish to put any govt official in to trouble for extending me undue benefit  knowingly or unknowingly .I don’t want to go to CAT also. I don’t  know the exact process after applying through channel and without it .

    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, NOC that I ve got for Passport, 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 !

 

 

 

Sudhir Kumar, Advocate (Advocate)     02 April 2014

repeated

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=79783&offset=1


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