What can be done when a central govt. office is repeatedly denying (for more than 6 years consistently) to give permission for NOC for better jobs outside, ignoring DOPT orders DOPT 0.M.No.28020/1/2010-Estt(C). ?
Which platform or Library Association can solve this issue ?
Should the candidate go to grievance redressal portal and then court?
How is it possible? which is your department. what is the status of your department like autonomous/cent.govt/state govt/deemed? every department has to give NOCc to their employee to apply outside of the institute/organisation for better scale.
This is possible dear and every year happening continuously ? It is a Central Govt institute under Ministry of Health Family Welfare ? but as the location is Kolkata most of the staff feel no shame in violating govt rules.
Yes, you rightly told that every govt institute has to give NOCs for higher scale better opportunities in other govt offices. But AIIH&PH is a unique office . I am seeking legal suggestion to get my rights. More than 3 Phd application rejected straightway and out of 24 job application in last 6year only 2 job application got permitted that too after lot of mental harassment. . Rejection -reconsideration again reminder this CYCLE is going endlessly. Exhausted.
Dear Sri Abhishek Chaturvedy,
I am aghast to know about the 110 C.R Avenue office!! I understand that they had extremely bitter experience with their once unique Library. Me personally, is forever indebted to the extremely rich resources of the Library.I had the information that the post of Librarian and some other posts in the Library were put under reserved category. I presume that your performance might be quite good and that is why they are not willing to loose a competent professional. However, this is not rule. You have every right to apply elsewhere if the scales are higher than what you are enjoying.
I personally feel that you talk to your Director straight way. Some 3/4 years ago, a lady (I'm sorry I forgot her name) was the Director. I happened to meet her during a Seminar where both of us were speakers. I had a brief talk with her and what I observed, she had a vision for development of the Library. I understand earlier too, at least One Director tried for Library's development. As a known person, I accused him for the dismal condition of the Library at that time. He listened to me patiently and asked what SHOULD BE DONE and as I finished my 'jabbering' and after a couple of minutes, presumably to absorb my saying openly asked me that if I am interested, the post of Librarian with some adjective (like Chief/Principal Librarian) can be created upon approval from Nirman Bhawan!!
So as I see, they need good people. But as you need a change, they must allow you unless there is any definite official reasons. So my opinion, meet your Director and describe your case.
Legals are always open, but as I personally feel, try all other ways before going to CAT.
Siddhartha S. Ray, calcutta
Sir , i meet Director more than dozen of times for each NOC application. As i said out of 24 application i got 2 NOC . Even though i get NOC they drain my energy till the last date of facing interview . 95% of my energy goes in answering comments raised for NOC files and less than 5% i could give for facing interview.
This world is beautiful , with those 2 NOC i got the opportunity to visit VCRC pondicherry and NIRRH Mumbai , and the whole experience of meeting nice people, cracking written exam and failing in interview eventually, was so much of eye opener to me , because i never faced any interview in last 10 years thanks to my rigid office. Just wish to move to a better place with friendlier people and challenging LIS job, where I can learn , perform and execute .
This is possible dear and happening continuously ? It is a Central Govt institute under Ministry of Healtth Family Welfare ? but as the location is Kolkata most of the staff feel no shame in violating govt rules.
Yes you rightly told that every govt institute has to give NOCs for higher scale better opportunities in other govt offices. But AIIH&PH is a unique office . I am seeking legal suggestion get my rights. More than 3 Phd application rejected straightway and out of 24 job in last 6year only 2 job application got permiited that too after lot of mental harrassment. . Rejection -reconsideration again reminder this CYCLE is going endleslly. Exhausted .
please read this DOPT guideline28011_1_2013-Estt-C-1-23122013.pdf if your department did not follow this consolidated guidelines you may approach your CAT (Central Administrative Tribunals)
In case of contemplated Departmental Inquiry or any ongoing Vigilance Investigation there can be a possibility of hindrance in getting NOC. In fact it is a prime duty of the present employer that too a Government agency, to forward the candidates application stating the final release of the candidate will be subject to vigilance clearance. In no case the employer can hold NOC of any employee for appearing the interview if employees are willing to go in other organization subject to the condition stated above. Hence you need to see if your application to other organization is within the stipulated number of opportunities defined under DOPT and also try to find the reason for not giving NOC.
Kindly note that the limit of three times a year is for general candidates and there is no limit to apply to other organization through proper channel for SC/ST employees.
If your employer is adamant in giving NOC, violating DOPT guidelines as you said, then holding NOC and not giving NOC is attracting the infringement of Right under article 14 of the constitution and you need to approach to the concerned court of Law that is MAT, CAT or High Court under article 226 of constitution, what so ever applicable in your case. But before that I suggest to find out why your employer is reluctant to give NOC to you. Moreover you may request once again to forward your application and ask the copy of letter forwarding application or reply in specified days so as to enable you to put your case to the concerned court and seek the remedial action immediately. In such situation you need not to rely on verbal communication.
The reason they give is always unclear (vague ). In last few years , i tried to figure out the real reason , for such strong tendency of denial . I observerd, They are scared do New file work or precisely in pursuing file for new recruitment. (Also lack of fear to GOVT Rules )They give hundred weird stupid reason...asking me ..why are you applying ? who told you to apply for 6600 GP scale ? Give proof this is institute is Govt. or autonoumous or semi Govt..instutite . Why are you applying for Phd, This institute Library do not need any Phd ? So we can't allow Phd ? No one applies in this institute outside ? . They drain my energy to fulfill all kinds of silly question and submit all proofs alongwith DOPT orders , which they ignore as much as possible. DOPT orders mean irritation to them , I can't write anymore ...
Really, it is a matter of concern when your employer denies to provide you NOC. It means you can not apply through proper channel. But don’t worry, citing the fact you may write to Secretary/ Joint Secretary of the Department/ Ministry. Hope, they will take necessary actions.