NOC and pay protection
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May 28, 2013 at 2:50 pm #68887unknownSpectator
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 pay the r offering, I requested saying I m in a govt job, had mentioned that in application, we had discussions about my pay during the interview,u r asking for my relieve order at joining ; u completed all formalites without NOC and now when I ask for my pay protection u insist for NOC which I have shown my inability from the begining.I am intrested for the new job but losing pay by 30,000 without pay protection. If a candidate has told truth about present govt employment, without NOC allowing the candidate to inerview, selecting, allowing prejoinig formalites estoppels the authority for asking NOC for the employee’s pay protection rightI. This is my argument and I am not a legal expert.The actual stage of asking NOC is over for the reasons best known to the GoI Organisation.
How do u look at this situation ? What advice will u give me to protect my intrests ?
can there be an alternative to nonsubmission of NOC to get benefit of pay protection?
Is there any judgement in any case where honourable court has allowed pay protection without NOC ?
Thanks.May 28, 2013 at 5:25 pm #78063unknownSpectator
Pay protection is allowed in new govt. service if it is permitted by the recruitment rules of the said service. So giving pay protection is not a mandatory exercise in new central govt. organisation!
For the purpose of pay protection, there must be continuity of service benefits in new service, which is subject to availability of NOC from parent organisation. In your case there shall not be counting of past service rendered by you in PSU as you have not obtained NOC and produced the same to new govt. organisation. In addition to that there are still some restrictions on the provision of pay protection for change of job from Central/State PSUs to Central Govt. organisations even though the candidate applies in proper official manner i.e. through proper channel with NOC. Pay is NOT protected in new central govt. organisations when the PSU candidate is recruited through OPEN COMPETITIVE EXAMINATION (written & interview). Pay of PSU candidate is protected if the selection procedure involves INTERVIEW only.
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