What to do if my employer denies NOC for career progression?
I'm currently working in EIL(Navratna PSU), and I have applied for an Vacancy in Gail for senior engineer E2 level, but the Gail has imposed a condition in its advertisement that an for those who are working in PSUS they have to submit NOC at the time of interview, I have applied for an NOC through proper channel but they responded that your application is not been recommended for NOC , and hence no further action is taken for NOC, sir because of denying for NOC by my employer my career progression/growth is restricted. Please suggest what will I do?
In practical, in some situations, writ petitions and escalation could take years to substantiate. Also Relationships get affected where you are working, as also does confidence. A friendly approach through Employee Management Engineering Associations could also enable Intervention that is well on time
If your present employer is denying you a No Objection Certificate without any valid grounds, you may challenge their decision since it hampers your right to career advancement, which is protected under Article 19(1)(g) of the Constitution of India, right to practice any profession. File a representation to your HR or higher authority citing the reasonableness and necessity of the NOC for your growth. If it is again refused, then consider filing a writ petition in the High Court under Article 226 and require the issuance of NOC. Courts also intervene where denial is arbitrary and affects fundamental rights of livelihood and career advancement.
If your employer denies your NOC to apply to GAIL, there are several things you can do. You must first ask for a written explanation of the denial. Since the employer has a right to give valid reasons for such a denial, you may also present your case further to higher authorities in your organization, claiming your right to career progression. If this is not working also, then one will have to file a CAT petition challenging the denial on DOPT guidelines that NOCs should not be withheld for valid reasons. Legal advice in such a situation will also be helpful.
Sir, firstly you should review the terms of your employment contract and escalate the matter to senior management or the relevant ministry. If the NOC is still not granted and it is impacting your career you can seek legal action. It is advised to consult an expert lawyer who will assist you with the best course of action.
Related Questions
24x7 Help
If we fall short of your expectation in any way, let us know
Payment Trust
All refunds come with no questions asked guarantee
