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VIJAY KUMAR (JUNIOR MANAGER)     28 July 2012

Under bond period applied for noc but denied

Dear "Sirs"

I joined a Central PSU on 04-04-2011 as a management trainee. I was asked to sign a bond of Rs. 50,000 for 5 years (copy enclosed) which I did thinking it as a mere formality. I joined the PSU as a Mgmt. Trainee with one year of training (which I duly  completed) and after that confirmation to next higher level .In the next grade also there is a probation period of 1 years So currently after completion of my training I am under probation presently.

I intended to apply for a Central Govt. dept. vacancy where a direct interview is being scheduled in coming October. But the employment notice clearly asked for obtaining N.O.C from the present employer if working in Central Govt. /PSU and appearing in the interview with NOC.

So for the same when I applied in my present company for forwarding of application through proper channel and for giving me N.O.C. they simply returned my application by writing “NOC cannot be granted”.

And I was given indirect threats for transferring me to far remote areas and for spoiling my career.

While consulting my friends and while surfing on internet I came across some of the DPE guidelines dealing with transfer of Bond(Copy Enclosed)

Now I am very much confused how to get NOC from my present employer as the last date of submission of documents through proper channel is approaching very fast.

 

As far as I know depriving the employee from prospective of Searching better opportunities in straight away breach of Article 14 & article 16 of the constitution.

I need help from all the learned and highly experience people on following points:

a)      What is the way to get the NOC from the present employer as in my opinion the bond which I signed is silent about it.

b)      Are there any such guidelines where transfer of bond from one CPU/Central Govt. to another CPSU/Central Govt. is compulsory on part of present employer

c)      Is NOC out of compulsion or an exception?

d)     How to safeguard myself against their threats of transferring me to some remote area or spoiling my career?

e)      Is there any alternative to NOC (in case present employer does not give NOC) and how to appear for the interview without NOC while it is clearly mentioned that Candidates should submit NOC while appearing for the interview

f) Are there any Supreme Court/High Court judgements for similar cases?

g) Whether DPE guidelines will supersede or the Bond by the present employer

Please guide me for further course of action

Encl. : Copy of Offer Letter

Copy of Bond

Copy of DPE guidelines

 

Thanks and Regards,

Vijay J



Learning

 3 Replies

Kumar Doab (FIN)     28 July 2012

Learned Mr. P.S.Dhingra and experts/members have been resolving such queries with remarkable and absoloute clarity.

Valuable advice of Mr. Dhingra and learned experts/members is sought.This shall help the querist and enrich the forum.

@ Vijay Kumar

 

Mr. P.S. Dhingra's name is mentioned in related lawyers list given on the bottom of this web page.You can access the profile of Mr. Dhingra and experts/members.

 

PS Dhingra,
 

Mohd insha   15 June 2018

Please upload the for guidelines regarding this

Mohd insha   15 June 2018

Please upload dpe guidelines regarding this

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