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SANJEEV SACHDEVA, MANOJ JAIN
Sanapala Janardhana Rao – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioner impugns orders dated 06.10.2022 and 16.06.2023 whereby the No Objection Certificate sought for by the petitioner for job outside the Indian Coast Guard was declined and the representation of the petitioner was dismissed, respectively.
2. Petitioner had joined the Indian Coast Guard as a Navik on 08.02.2018.
3. The Ministry of Railways issued advertisement for filling up certain posts for which petitioner applied. Petitioner appeared in the qualifying examinations and qualified the same for the Railways.
4. As per the guidelines for grant of NOC for outside job of Indian Coast Guard dated 03.08.2017, any individual applying for a job had to apply for grant of No Objection Certificate prior to making the application. One of the conditions stipulated is that he should have completed four years of service in the Indian Coast Guard.
5. As per petitioner, when the advertisement was issued by the Railways, petitioner had not yet completed four years in service and as such he did not seek prior permission for applying for the said job as the same would not have been granted in absence of petitioner having completed four years.
6. Lear
The main legal point established in the judgment is the requirement to consider specific rules and previous judgments when making decisions regarding No Objection Certificates for outside employment ....
The main legal point established in the judgment is that a confirmed member of the Coast Guard should not be denied an NOC based on probation in the next rank, and the decision should be in accordanc....
The court emphasized the importance of complying with the Guidelines dated 03.08.2017 in the decision-making process and allowed the petitioner to challenge the decision before the appropriate forum ....
An employee may withdraw a request for voluntary retirement prior to the effective date, provided valid grounds exist and there is no explicit prohibition in the applicable rules.
Resignation is a fundamental right of an employee and cannot be denied by the employer on grounds of staff shortage or operational exigencies unless disciplinary proceedings are pending or specific c....
Inaction of the respondent-Authorities in not granting permission cannot be a reason to penalize the petitioners, and rejection of applications after participation in the recruitment process and sele....
The arbitrary nature of the condition of possessing Skill Grade 'A' and the lack of necessity for the IAF to retain the petitioner influenced the court's decision to issue mandamus for the grant of N....
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