By joining ISRO you will be violating so many mandatory terms of you bond and rules. It is just not possible to hoodwink ISRO or DMRC. Any adventure will adversely affect your future career. Risk is not worth taking. Stick to DMRC.
NOC before 3 years in Government job
October 2018 till date (approx 2.5 years): working in DMRC (Delhi metro) January 2020: When applying for ISRO, was under probation (2 years from Date of Joining) and DMRC doesn't provide NOC during probation. So applied for ISRO without informing DMRC through proper channel. ISRO written cleared and now NOC required for interview. November 2020: probation period of DMRC completed. March 2021: interview of ISRO. November 2021: 3 years completion of DMRC, after which they will provide NOC as they are not willing to provide NOC before completion of 3 years. If I don't show this job at ISRO interview then, will this be discovered at later stage in background verification and lead to firing from job or any other complication that might arise from this? OR If I show this job at ISRO, then without NOC from DMRC will not be allowed to give interview of ISRO. What should be done in such circumstances?? DMRC Service Rules (Relevant rules I could find) 12.4. For new recruits, it will be a condition on their appointment that no application of theirs would be forwarded for jobs outside until they complete two years of service and one year on job in the Corporation and after this period, two applications per year will only be forwarded for outside job in Govt. department/office. 12.6. Requests for forwarding of applications for jobs outside should be recommended by Dy. HOD for approval of HOD, only after satisfaction and endorsement of the fact that their release on selection will not adversely affect the ongoing jobs. As such the concerned controlling officer of Dy. HOD's level, while forwarding the applications should keep in mind that the applicant has successfully completed the probation and should have put in sufficient service length, ie, more than 2 years and close to 3 years of service, i.e. the stipulated Bond period. 12.13. In no case "No Objection Certificate" will be given at the time of interview unless application is forwarded officially, through proper channel.
Asked 4 years ago in Business Law
9 Answers
You would not get NOC to appear for interview
2) if you disclose your current employment would not be allowed to appear for interview
3) if you suppress fact disciplinary action can be taken against you
You cannot suppress the act of your previous employment to the new employer.
You may apply for NOC in writing and obtain the reply for rejecting your application for NOC.
You can disclose the details of your previous employment to the new employer and can make a mention that they refused to provide NOC despite you have completed the probation period which is mandatory to furnish NOC.
You may provide the documentary evidence to the new employer about the previous employer's refusal to give NOC which should be a genuine reason to attract a sympathy and favorable decision in your favor.
Dear sir/ma'am,
it is advisable to follow the law and legal path. anything which is concealed and found out later might turn out to be hostile in future,
Thank you everyone for the insightful answers provided. When I posted the question I missed adding this point from the frequently asked question section of the ISRO advertisement for the post I am applying for. 12. I am employed in Central Government. However I have not completed 3 years of service. Whether, in the online application I should select option 'Yes' or 'No'? Answer: You may select the option "No" if, you have not completed 3 years of continuous service. However, you may apply through proper channel or send the No objection Certificate' from the employer concerned to 'Senior Administrative Officer (ICRB), ISRO Headquarters, Antariksh Bhavan, New BEL Road, Bengaluru, 560094. So, here are my questions: 1) So does this mean, that if I am not able to obtain the NOC due to non completion of 3 years, I can not mention it all thereby avoiding NOC completely? 2) Also, the above point specifies Central government, so does it mean it does not apply to my case as I am employed by DMRC? 3) If this not apply to my situation, can anybody guide me regarding what would be best solution for me given above circumstances and what should I do next?
Asked 4 years ago
1) state you are employed in PSU
2) Delhi Metro Rail Corporation (DMRC), a public sector company established by the Government of India and the Government of Delhi in March 1995.
- Even you have not completed three years service, in that case mention NO and apply through proper channel or sent the noc from employer to senior administrative officer…
- It depends on whether DMRC is part of central government. Even if it is funded substantially Central Government/controlled by Central Government/it is enacted by act parliament, it is Central Government.
- You will not get noc from DMRS as, “4. For new recruits, it will be a condition on their appointment that no application of theirs would be forwarded for jobs outside until they complete two years of service and one year on job in the Corporation and after this period, two applications per year will only be forwarded for outside job in Govt. department/office.”
Continue with DMRC and wait for another chance.
1. You cannot avoid NOC completely.
You may have to revel the facts that since you have not completed 3 years of service with the previous employer, you are not eligible for NOC as per their rules, hence you have not submitted NOC from them.
2. DMRC is not a central government employment.
3. You first of all furnish the questions asked in application form, because in the absence of the knowledge of actual questions asked, any advise or suggestion given here on the basis of your incomplete information, would be a misguidance to you.
Dear sir/ma'am,
you must check on the terms and conditions of the organisation, before taking any step.
it is advisable to follow the law and legal path. anything which is concealed and found out later might turn out to be hostile in future
- As per rule, to get an NOC is a mandatory statutory requirement before applying a new job.
- Further, for getting the NOC for the same, an application should be moved through proper channel only.
- Further, as per service rules, if you have a post in one department, you can not be prevented from applying for another government job in another department or in the same department provided that the pay scale for the post applied for is more than your present scale.
- Further, no employer can refused to issue NOC or permission to apply for another job or to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Hence, to appear in the said interview is your right , and no action can be taken place against you.
