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  • Category: Indian Law

    NOC During Probation in Govt service


    Working in a government autonomous institution? Looking out for information and rules regarding how to get NOC during notice period? Find suggestions to your question from experts here.

    I have seen many articles on the topic but haven't got a clear answer. I am on probation at a central Govt Autonomous institution(IIT) and would like to apply for another central govt job. They have asked for NOC at the time of interview. I am on probation for a year , Is it right to ask my present employer for an NOC during probation? I am not sure about this. Is there any rule that says NOC will not be issued during probation.

    My joining letter says that i can resign giving one months notice period. But if they insist on NOC, how do i go about it? Kindly help.
  • Answers

    4 Answers found.
  • The most important point in this matter is whether you applied in another department through proper channel or directly. If you have applied through proper channel that is through your existing employer then the present employer will give you either a NOC or give a simple certificate that the person is on probation and does not require a NOC as he can resign by giving 1 months notice any time during probation and department has no power to retain him. So, you just go through the terms and conditions of your appointment and if you do not have it get from the personal department and go through. The NOC aspect will also be covered there.

    If you have applied directly without mentioning the present job then NOC or letter in lieu of NOC during probation is also not required. Please talk to your departmental head about any confusion or problem and I hope he will help you to have a smooth transition from this department to the new department where you are selected.

    Knowledge is power.

  • The new employer is aking for a NOC. You are on probation is another job. You have to follow the rules which are mentioned in the appointment notification. In that notification, did they ask the application to be rooted through the present employer or NOC? When you applied for this new job are you working in the present Job?

    1. If you have mentioned in your application for the new job that you are working on another job, you have to give a NOC. But you are in probation and the condition is that you can be relieved in one month notice. You are appointment letter itself works as a NOC. You can show it to him. They should accept that letter.

    2. If you have not mentioned in your application that your working in another organisation or at the time of application you are not working anywhere, no NOC is required.

    3. There should not be any objection to the present employer to give you NOC as it was mentioned in the appointment letter to relieve you in one month if you resign. If the new department insists for NOC, you have to approach your boss and see that he will issue you NOC or a no-objection letter.

    drrao
    always confident

  • Dear Sir,

    I have not sent my application through proper channel as I wasn't sure if my new organization would forward the same since I am on probation. NOC has been requested at the time of the interview. I have mentioned in my application about my current profile. So they will insist on a NOC.

    My appointment letter says that I am on probation for a year and can resign giving a 1 month's notice. I am planning to ask my department for NOC if I get shortlisted for the interview. I am only concerned if there is any rule that says NOC can/cannot be issued during probation.

  • You have raised an apprehension in your case whether you are entitled for NOC or not.
    However, the same was indicated during the process of interview that you would require a NOC during the event of your being shortlisted.
    With the words indicated your appointment letter, that you can resign within offering you one month notice and during the process of your interview, you requested the same. But you did not get a response in that line. However, there was no refusal either.
    Hence you may assume that your copy of appoint - letter should serve as your NOC in such a case and follow your due intimation prior to resignation.


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