My employer is not issuing NOC to attend the job interview. I am working as Engineer in Madhya Pradesh Power Generation Company limited (owned by Gov. of M.P.) since last 11 years. my bond period of 5 year was over. I have been short listed for the interview for the post of manger in steel authority of India Limited and NOC from present employer is required to attend the interview. my present employer is denying for the NOC due to shortage of satff. kindly guide me how to get NOC from my present employer.
In India, obtaining a No Objection Certificate (NOC) from your current employer, particularly in a public sector organization, can sometimes be challenging, especially if there is a shortage of staff. However, there are legal and procedural steps you can take to address this situation. Here’s a guide on how to proceed:
First, write a formal letter to your current employer requesting the NOC. Clearly state your reasons, mentioning your long service and the completion of your bond period. Highlight the opportunity and how it aligns with your career aspirations, and attach a copy of the interview call letter from the Steel Authority of India Limited (SAIL).
If your immediate supervisor or department head denies the request, escalate the matter to higher authorities such as the Human Resources (HR) department or the Managing Director of Madhya Pradesh Power Generation Company Limited (MPPGCL). Include all correspondence related to your request for transparency.
Refer to the service rules or policies of MPPGCL regarding the issuance of NOCs. Most public sector organizations have clear guidelines on this matter. Cite any relevant clauses that support your request for an NOC after the completion of your bond period.
Utilize the internal grievance redressal mechanism of MPPGCL by submitting a formal grievance regarding the denial of the NOC. Keep records of all submissions and responses.
If internal mechanisms fail, consider sending a legal notice to your employer through a lawyer. The notice should explain your legal right to seek employment elsewhere and the unfairness of the denial based on staff shortages.
As a last resort, you can file a writ petition in the High Court under Article 226 of the Constitution of India for the issuance of an NOC. The petition should outline the denial’s impact on your career and cite precedents where courts have directed employers to issue NOCs under similar circumstances.
It is important to note that denying an NOC can be seen as a violation of your right to seek better employment opportunities. As a public sector employee, your service conditions are governed by specific rules and regulations which generally mandate the issuance of an NOC under reasonable circumstances. Since your bond period is over, there should be no contractual obligation preventing the issuance of an NOC.
Pay protection: I had been working as Scientist B in Central Silk Board, Ministry of Textiles, (GOI) with a capacity of 15600-5400 and as per 7 Pay commission, level is 10 from November 2015 to April 2019. I applied for the post Assistant Professor in Acharya Narendra Deva University of Agriculture and Technology (State Agricultural University), Ayodhya, U. P. in 2019. My joining was technical resignation and joined immediately next date after relieved from my past job. Then I approached administration with proper written documents. However, it was totally futile and my requisition was rejected. My present post scale same i.e. 15600+6000 AGP and same level in 7 CPC. There point is to rejecting my application is grade pay is different and not at all equivalent to the present post. I request you to ask how to protect my pay. Whether am I eligible or not and moreover, can I approach for past service counting since the scale is same and only difference is grade pay. Please give the right solution for the above situations.
In your situation, seeking pay protection and the counting of past service in light of Indian laws involves understanding specific provisions related to technical resignation, pay protection, and the equivalence of posts under Central Government rules. Here’s how you can approach the matter:
Under the **Central Civil Services (CCS) Rules**, an employee who has technically resigned from one government post to join another government post is eligible for pay protection. The **Office Memorandum (OM) dated 17th August 2016** from the Department of Personnel and Training (DoPT) specifically addresses pay protection on technical resignation, stating that it is applicable when the new post is in the same pay scale or a higher pay scale. Considering both your previous and current posts fall under the same pay scale (₹15600 + 5400 GP to ₹15600 + 6000 AGP) as per the **7th Pay Commission**, the equivalence argument holds substantial weight.
Regarding **grade pay equivalence**, the primary issue raised by the administration seems to be the difference in grade pay. However, given that the basic pay structure is the same and falls under the same level as per the 7th CPC, this should not ideally affect the pay protection eligibility. Look for any past precedents or case laws where similar cases were ruled in favor of the employee, such as higher judiciary cases where technical resignations were accepted for pay protection.
To address the matter with the university administration, submit a formal representation to the Vice-Chancellor or Registrar of Acharya Narendra Deva University of Agriculture and Technology. Attach all relevant documents, including previous service records, the OM from DoPT regarding pay protection, and a detailed explanation of the pay equivalence under the 7th Pay Commission. Additionally, utilize the university’s internal grievance redressal mechanism, clearly stating that your request aligns with central government rules on technical resignation and pay protection.
If internal mechanisms fail, you can file a case with the **Central Administrative Tribunal (CAT)**, which handles disputes and complaints regarding service matters of public sector employees. Your legal petition should highlight your technical resignation and immediate joining, maintaining continuity, your pay protection rights under the CCS Rules and DoPT OMs, the equivalence of the pay scale as per the 7th CPC, and any precedents supporting your case.
Fiance family is breaking engagement without any genuine reason after 2 years. Got engaged in oct 2021 with all our religious rituals and mutually marriage was decided for this year oct all shopping was going on but now they are breaking engagement without giving any genuine reason. Please suggest can I take any action on them and claim compensation from them?
Asked from: Uttar Pradesh
If the engagement was broken off due to dowry demands. In India, it is illegal to demand or give dowry, and if an engagement is broken off because of dowry demands, the party who made the demands could be prosecuted under the Dowry Prohibition Act. The aggrieved party can file a first information report (FIR) against them under Section 3 & 4 of the Dowry Prohibition Act if they cancelled the marriage due to demand of dowry.
Your fiancé’s family has cancelled the marriage, therefore, offence under the dowry prohibition act does not made out. In this situation you cannot initiate criminal proceeding against them. But you have the right to initiate civil proceeding for the make good the loss you incurred in engagement ceremony, also for the mental agony, defamation and compensation.
If one party to the engagement has made any promises or representations to the other party that have induced them to incur expenses or suffer loss, then the party who broke the engagement may be liable to compensate the other party for their losses. Hence, you should file a civil suit for the compensation.
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Question: False promise of cash back. A property channel partner promised me to give 1% of the sale value of a new flat as cash back 30 to 45 days from the date of agreement. It’s been 4 months since sale agreement was executed. I am chasing the channel partner to issue the cash back and there is no response from them. I have an email from the sales team about this 1% cash back. Can I take legal action against them
If the property channel partner had the dishonest intension right from the beginning then he has committed the offence of cheating. You can file a first information report against him under section 420, 467 & 468 of Indian Penal Code 1860.
He had executed an agreement to reinforce his promise but later violated that agreement. It further strengthens the case against him. In such a situation, you may consider initiating a civil proceeding against them to seek compensation and recover any losses incurred as a result of his breach of agreement.
The limitation period for an Original Application (OA) filed by a bank against a defaulting borrower is 3 years from the date of default. This means that the bank must file the OA within 3 years of the date on which the borrower first defaults on their loan payments.
The limitation period is set out in Article 113 of the Limitation Act, 1963. This article applies to suits for “money lent or advanced on a contract expressed or implied, where the money is recoverable by action.”
There are a few exceptions to the 3-year limitation period. For example, if the borrower acknowledges the debt in writing, the limitation period will start from the date of the acknowledgement.
If the bank fails to file the OA within the 3-year limitation period, the borrower may be able to argue that the bank’s claim is time-barred. This means that the court may dismiss the bank’s case.
The govt. settled the erstwhile east-pakistan refugees as farmers and allotted them with agriculture land and homestead land free of cost. But this allotment was made only to the refugees who were married/ had a family. Bachelor refugees accompanying their elder married brothers, were not considered for allotment of land during that time. Later on these bachelor, irrespective of their marital status, were allotted agricultural land, but with lesser quantum of area. My question is, Is this allotment of land to the married refugee a self acquired property or ancestral property.
Asked from: Punjab
If the land becomes free hold, then it is a self-acquired property of the person to whom it was allotted by the government. The land allotted to refugees is generally considered their self-acquired property. When refugees are provided with land, it is typically done through government schemes or initiatives aimed at rehabilitation and resettlement.
Once the land is allotted to them, it is intended to be their own property, and they have the right to use and manage it as per applicable laws and regulations.
However, it’s important to note that specific laws and policies related to land allocation to refugees may vary depending on the state or region in India.
It is advisable to consult with local authorities or legal professionals who can provide accurate and updated information regarding the rights and status of refugees in Andaman & Nicobar.
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Greetings sir/mam, Recently my parents expired and then me and my sister decided to come with my uncle but now he is creating problems for us by listening to or cdr and finding our location every single time we are not comfortable in this and no one will be please help how i can stop this.
Asked from: Manipur
Start by having an open and honest conversation with your uncle. Express your concerns and let him know how his actions are making you and your sister uncomfortable. Try to understand his perspective and see if there is a way to address the issues amicably.
Reach out to other relatives who may be able to mediate or help resolve the situation. They might be able to speak to your uncle and encourage him to respect your privacy and provide a more supportive environment for you and your sister.
If the issues persist and you feel unsafe or threatened, it may be necessary to take legal recourse. If your uncle has any criminal intention then he has committed an offence of stalking. You may file a complaint/FIR against him.
Remember, it’s crucial to document any incidents or evidence of harassment or threats for future reference. Your safety and well-being are of utmost importance, so don’t hesitate to reach out to professionals and authorities who can assist you in resolving this situation.
Also read: To some extent personal information can be revealed under RTI Act
Hi, I reside in Ahmedabad. My society is a cooperative housing service society. I want to know if the builder provided extra space to house owners for specific use, not for construction. Builder constructed a building over the area reserved for the use of the house owners. If house owners construct these areas, do these spaces belong to the society for common utilities such as drainage, common plumbing, gas line conduct area, and parking? The builder has already constructed such areas, and I wish to file a complaint against them. They are not allowing the construction of a gas pipeline supply due to their previous construction. What steps should I take to proceed?
Asked from: Gujarat
That construction is illegal because it was not sanctioned by the appropriate authority. The approved plan specifically mentioned areas for the common use of flat owners. There is a fixed ratio between the construction area and open area.
When the builder did construction on the open area which was left for the common use for the flat owner, he breaches the ratio or proportion of open and built up area. This is indeed an illegal act, you should file a complaint before the appropriate authority who has sanctioned the site plan.
This construction is being done in violation of the approved site plan therefore, it is illegal per se. That construction should be demolished.
Read also: Legal action against builder for not providing parking spot
1997 से लगातार न्यूनतम वेतनमान दिया जा रहा है। बिना किसी ठोस कारण के मेरे डी ए तथा अन्य तमाम लाभों को अवरूद्ध किया गया है। बहाना सर्विस बुक और पर्सनल फाइल का नहीं होना है।
प्रश्न पूछा गया: बिहार से
यदि लगातार २५ वर्षों से सेवा अविवादित है और न्यूनतम वेतन दिए जाने का प्रमाण है तो सर्विस बुक न होने के आधार पर अन्य सेवा लाभों से वंचित नहीं किया जा सकता है।
नियोक्ता का दायित्व होता है कि वह अपने कर्मचारी के सर्विस बुक एवं पर्सनल फाइल को रखे और उसे अद्यतन करे। मात्र सर्विस बुक और पर्सनल फाइल के न होने पर कर्मचारी को उसके विधिक अधिकार से वंचित नहीं किया जा सकता है।
यदि आपकी नियुक्ति विधिक प्रक्रिया के तहत और सिविल पोस्ट पर हुई है तो पूरा वेतन एवं अन्य सेवा लाभों को अर्जित करना आपका विधिक और मौलिक अधिकार है। संविधान के अनुच्छेद २१ के अंतर्गत किसी नागरिक को उसके प्राण (life) एवं दैहिक स्वतंत्रता से बिना किसी विधिक प्रक्रिया के वंचित नहीं किया जा सकता है।
अनुच्छेद २१ के अंतर्गत “सम्मान के साथ जीने का अधिकार” एक मूल अधिकार है। कर्मचारी को पूर्ण वेतन न देना उसको गरिमा या सम्मान के साथ जीने से वंचित करना है। यदि बिना किसी विधिक कारण के पूर्ण वेतन नहीं दिया जाता है तो कर्मचारी के मूल अधिकार का उल्लंघन होता है अतः आप अनुच्छेद २२६ के अंतर्गत माननीय उच्च न्यायालय में एक रिट याचिका योजित कर सकते हैं।
अतः आप अनुच्छेद २२६ के अंतर्गत माननीय उच्च न्यायालय में एक रिट याचिका योजित करें और पूर्ण वेतन दिए जाने की मांग करें। यदि २५ वर्षों तक सेवा का रिकॉर्ड है और वर्तमान पद पर विधिवत नियुक्ति हुई है तो आप पूरा वेतन और अन्य सेवा लाभ जैसे- पदोन्नति, पेंशन, वित्तीय स्तरोन्नयन (ACP), चिकित्सा लाभ आदि पाने के अधिकारी हैं।
सर्विस बुक और पर्सनल फाइल रखना नियोक्ता की जिम्मेदारी होती है। नियोक्ता अपने किसी त्रुटि के लिए आपको विधिक अधिकार से वंचित नहीं कर सकता है।
According to section 10A of the Divorce Act 1869, divorce by mutual consent is not permitted within two years of separation. A petition for dissolution of marriage may be presented to the District Court by both the parties to a marriage together, on the ground that:
- they have been living separately for a period of two years or more,
- they have not been able to live together and
- they have mutually agreed that the marriage should be dissolved
A period of separation for two years is mandatory for the mutual consent divorce. Hence, you cannot file a mutual divorce case within one year of marriage. If there is exceptional hardship to retain the marital status or due to incompatibility of spouses, it is impossible for them to live together then you can get mutual divorce.
In this situation, you have to move a petition to the Supreme Court under Article 142 of the Constitution to grant a divorce on the exceptional ground i.e. the marriage is irretrievable.
In Shilpa Shailesh vs Varun Srinivasan 2023 the Supreme Court has held that if the marriage is irretrievably break down no possibility of reconciliation the Court has power under Article 142 to dissolve the marriage to do complete justice.
It is not possible to dissolve the marriage through a notorised agreement because a decree of competent court is mandatory for the dissolution of marriage. That agreement or out of the court divorce has no legal sanctity. It shall not dissolve your marital status.
