Legal Question in Employment Law in India

Dear Sir,

I have been working with a PSU as Administrative Officer since June 2014. There is a 4-year bond (which is transferrable to Govt/PSUs). I got selected in SSC-CGL-2013 recently.

I had applied for this exam in March 2013 (Much before joining this PSU). During my Interview (October 2014) i had not produced NOC as SSC did not insist on NOC. Now my employer is saying that bond cannot be transferred as I have not got applied for NOC.

In this case,

1. is it necessary to get NOC? because SSC did not ask for it & moreover I had applied SSC much before joining present company.

2. Does my present company has right to reject my bond transfer since i had not applied for NOC during interview?

Please clarify.


Asked on 5/17/15, 12:18 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

18.05.2015

Dear Sir / Madam,

1. Yes, for Government job transfers, an NOC is necessary.

2. Article 19 of the Constitution provides the right to freedom to every Indian citizen. You should politely request the present Company to overlook the oversight on your part of not having applied for the NOC during the interview, and request them to grant the NOC to you now.

Regards,

Read more
Answered on 5/18/15, 3:38 am


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