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  • Category: Lawyers

    Problems in NOC from present employer applying for new job.


    Planning to switch government jobs? Want to know if it is possible to appear for any exam or interview without NOC? Find responses from ISC experts for your query here.

    I'm working as a Fireman in Defence civilian under navy. I'm trying for jobs in other Governmental Group A and B services. In every new notifications they mentions the person who already in Govt job, should provide NOC during the time of test. Even I applied for NOC in my current department, they are not proceed properly, they always delaying because of lazy administrative people. Some notifications i have to upload NOC certificate when I'm filling the form. I'm always getting late reply, sometimes even for negligible mistakes they are send back my NOC application without action.( for me my NOC application goes through proper channel, in between my department and NOC authority there is Two more organizations which it passes through).Due to delay in those process I couldn't able to appear in some exams without NOC.

    Above I have narrate my present situation. Now my questions are:

    1. Do I fill the row by "NO" i.e Are you employee of GOVT ? ( so that i no need to submit NOC during the time of test. But i feel it is false information I'm giving)

    2. In appointment letter( present job) , they have clearly mentioned ,If you have desire to resign you can resign by giving one month prior intimation. There is no bond ,i can resign any time.Can I use that sentence to convince new employer for appearing in the test, in case of I was not given NOC ?.

    3. I have availed only 4 NOC/ year i.e 4 chances to appear for new jobs. , what are probablity ways, I want appear more than 5 exams per year.( because i have a option of resignation without getting any benefits from present job). Same time without NOC new employer also restrict me appear in the test. How do i handle this?

    Simply what might be legal things that I can do,to appear in other exam without NOC ? How to convince new employer by using my #Terms and condition of resignation from this current job is my desire. If I get job in other services can I resign from present department.
  • Answers

    8 Answers found.
  • The answers to your questions are as follows.
    1. You can't give any wrong information while filling your application. If you say No to the question that 'Are you av employee of Government", it will be a false statement and at any moment your application can be rejected. Even after getting the employment if anybody complains about this, they will conduct the enquiry and terminate from your job. Never do that.

    2. Yes. You can write that my present department is delaying in giving NOC and I am sending a direct copy to you and I have already applied for NOC. If they don't give NOC, I will resign for the present job as per the so and so clause of the appointment letter and join in your organisation. A copy of the appointment letter can be enclosed.

    3. You can apply without NOC to any number of jobs. But Generally, other government organisations will not disturb the people working in other departments. But legally there should not be any objection. But sometimes the employer will say all the people working in government organisation should produce NOC. So considering an application without NOC is very rare.

    You have to see the notification given by the employer and accordingly, you have to take the action.

    drrao
    always confident

  • First of all you meet the head of administrative division and apprise him about the delay taken in getting NOC. If that does not work write to your grievance cell about this delay which is hampering your efforts for a better career. In all probability that will solve the problem of delay. Another thing is you have already mentioned your present experience while applying for a new job and there are other considerations like counting of service from the present one and considering the present experience as an additional qualification for the new position. All these postulations require that NOC be submitted by you.

    By showing yourself as unemployed and not working anywhere will not give any advantage to you and you may be a loser in many respects. If NOC is not obtained in time then you can take an extension in the new job and request for a provisional appointment subject to producing NOC within a stipulated time.

    It is good that you are not under any bond with the present department and at most what is required is one month notice or salary in lieu of in case you leave the present department immediately. So this is a good thing in your favour.

    Knowledge is power.


  • In regard to your queries mentioned point wise, I am suggesting solution for each point and these points may be seen.
    1) Giving false information / informations in any application- form could lead to rejection of your application and even if the same has not been detected during the process of scrutiny, you will invite disciplinary action from the organisation where you intend to join. You may be offered even termination letter because of concealment of the fact.
    2) Yes, you can point out the delay being made from your present organisation. You can send send the advanced copy of the application to the new employer indicating the probability of late receipt of NOC or even the present employer may not oblige you with the timely release of NOC. Make it clear to your new employer that in the event of non release of NOC, you may resign from the present service as per the provision indicated in the appointment- letter.
    3) If any post appearing in any source ie in the Newspaper or even appearing on line, you may apply a number of times provided you feel eligible for such posts. The new organisation would accept your candidature if you fulfil such criterias as demanded by them. But some Goverment- organisations ask for NOC of the previous organisation prior to joining. In most of the cases, employees working in Public undertakings/ Central - Goverment send their advanced copies of applications indicating that they will provide the employer NOC at the time of their joining.


  • 1. No. Never provide wrong information in application form. You are employed as a Fireman in Defence civilian under navy. How can you say that you are not employed on Govt.? Providing false information may result in to cancellation of candidature or concealing any fact or providing misleading information in application form can lend you in trouble any time. So I will not suggest you to mention 'No' in application form against that particular information (Are you employee of GOVT ?).

    2. When there is 'no bond' clause in your appointment latter then you will have to resign with one month prior intimation. That's the right way. You should write a letter to your current employer for stating that you are applying to xxxx job. If they reject your request and are not issuing NOC in this case you can take a written note from your department that they are not issue NOC to you with the reason.

    3. And because you have already used all 4 NOC options from your department. They will not issue further NOC to you and possible they will reject your request. So in this case you can go with the second option i.e. option of resignation without getting any benefits from present job. It is also true that new employer may restrict you to appear in the test or interview. But sometimes in some jobs it is not mandatory to apply through proper channel. They only want only intimation of application to your present employer. In this case you write a letter to your HOD and then attach acknowledgement copy with your application. For this you should read recruitment advertisement carefully.

    In short, now your department will not issue further NOC as you have already availed the limit. You can take a letter from your department mentioning the reason of not issuing of NOC. And you can resign from your current job at any time with the prior one month notice. If you are selected and get a job then inform your current employer and resign with prior notice.

    Due to this resignation service period of your current job will not be counted. Your earned leaves will not be carried forwarded. Money accumulated in your pension fund will not be transferred to new department.

  • Thank you @ DR. Deepali Gangwar sir.you cleared my doubt.

  • @Sheo Shankar jha. Sir i have noticed one word advance copy in your answer. Same thing I have seen in NOC application form in my department. i.e "Whether you have send advance copy of application ? " in my department workers doesn't know what to fill in that and I also.

    Please explain what is Advance copy of application?

  • Truth is the best defence. Do not hide facts. All other problems will have solutions.

    1. You do not give lies. Even if not asked it is best to declare your present job. You can also say that you may need one month's time to resign and get relieved fromcurrent job.
    2. If NOC is asked,apply to your employer for NOC and get a acknowledgement copy. If NOC is not given till the application form last date, send the application with a copy of the NOC arequest accknowledgement. Undrtake to send the NOC when received.
    3.Alternatively obtain a general NOC which can be suitable for any job application. You canuse that copy for any application you send.
    4. Resign fromthe current job only after getting a firm appointment leter for the new job and sufficient joining time of more thn one month. Tellthem clearly about the notice period and your current job procedures.
    5. In case you submit resignation, giving one month notice, get the acknowledhgement with received date correctly.

  • MR, Periyaswami M, Thank you for sharing my contents, you have come across the advanced copy to be sent to the next employer while continuing a job in other organisation. The advance copy is the details of experience accumulated in your job area, any commendable job/ jobs done to promote the productivity of the company, accomplishments of some special tasks as assigned to you by your higher Bosses, Probablity date of releasing NOC extra.
    It relates to all your relevant informations including you NOC status to be released by the existing organisation and this advanced copy shows the strong points for being a strong applicant.


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