Grant of NOC

Dear Client,
Regardless of the sector or character of establishments, either public or private, recruitment, promotion, transfer etc., are the prerogatives of the management/establishment, strictly followed based on an established HR policy. Only in case of deviation/discrimination/mala fide in the said policy or rules, if it appears on the face of the record, the Tribunal(CAT) or High Court may entertain an appeal/petition challenging the well-established HR Policy of an organization which is in practice and followed for years. Otherwise, a petition may be rejected at the stage of admission by the Tribunal(CAT)/High Court for lack of merit. Further, even if you appear an interview following the Court's order, your prospective employer may not allow you to appear for interview following their own HR Policy and perhaps may not wait for an NOC till you qualify for the same or a favourable order in your case. So, based on the assumptions, any step in anticipation of the probable outcome of your efforts, may potentially impact your career in future. Instead, you may consider for technical resignation which is a viable option in the given scenario. As per the Ministry of Finance Office Memo No. 3379-E.III (B)/65 dated the 17th June 1965, the resignation is treated as a technical resignation where a Government servant has applied through proper channels for a post in the same or some other Department and is on selection, required to resign the previous post for administrative reasons. The resignation will be treated as technical resignation if the prescribed conditions are met. The benefit of past service, if otherwise admissible under rules, may be given in such cases. As per DOPT's OM dated 24/11/2022, a Government servant acquiring a lien on a post will cease to hold any lien previously acquired on any other post. A permanent Government servant appointed in another Central Government Department/Office/ State Government has to resign from his parent department unless he reverts to that department within 2 years or 3 years. An undertaking to abide by this condition may be taken from him at the time of forwarding his application to other departments/offices. Being the position as stated above you may seek further clarification on the subject from the concerned Deptt (DOPT) or visit their official website.