What NOC rules have been changed for bond-free govt officials
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Take your experience further with Premium access. Thought-provoking Opinions, Expert Analysis, In-depth Insights and other Member Only BenefitsThe Haryana Government has waived the requirement to obtain a no-objection certificate (NOC) for government employees who are bond-free when submitting applications for subsequent appointments with Haryana recruiting agencies. Chief Secretary Anurag Rastogi has issued comprehensive, revised and consolidated instructions concerning resignation from government service and the submission of applications for subsequent appointments.
The Human Resources Department issued a notification on December 3 setting out the new instructions; it confirms that, with retrospective effect from March 8, 2018, any government employee who has not executed a bond with the State may forward an application for a subsequent appointment directly to Haryana recruiting agencies (including the Haryana Public Service Commission and the Haryana Staff Selection Commission) without obtaining an NOC from the appointing authority.
n What provisions have been made for employees who have signed bonds?
Employees who have executed bonds with the State (for example, doctors, professors, engineers and others covered by bond conditions) must obtain an NOC before the last date for submission of an application for a subsequent appointment. The notification therefore preserves the requirement for bonded employees to secure prior permission.
What happens to temporary employees appointed from the open market?
If a temporary government employee is appointed to a new post through a recruiting agency (open market appointment) — whether within the same department or in another department or organisation under the Haryana Government — they will be required to submit a technical resignation from their existing service. This applies regardless of whether the employee applied after obtaining an NOC or without one.
What rules apply when a permanent employee is appointed elsewhere in the state system?
On subsequent appointment of a permanent government employee to any department or organisation under the Haryana Government, the employee will be relieved from service at their request and their lien will be retained in the previous department in accordance with the applicable rules. This provision safeguards the employee’s lien while permitting transfer between posts.
Are applications to Central or other states’ recruiting agencies covered?
No. A government employee wishing to submit an application for subsequent appointment to the Union Public Service Commission (UPSC), the Staff Selection Commission (SSC), any recruiting agency under the Government of India, or a recruiting agency of another state must obtain an NOC from the appointing authority before submitting the application — in line with the requirements of the recruiting agency concerned.
Why have strict timelines been prescribed?
The revised instructions impose strict timelines to prevent bureaucratic delay that might prejudice employees’ interests. Where the appointing authority is not the employee’s immediate superior, the application must be submitted to the Head of Office, who in turn must ensure it reaches the appointing authority within one week. The notification warns that disciplinary action will be taken against the dealing official or officer in case of delay. The aim is to remove avoidable administrative bottlenecks.
What are the rules for withdrawing a resignation?
If an employee submits an application to withdraw their resignation before the due date of resignation, the appointing authority may allow the withdrawal irrespective of whether the resignation has already been accepted. Where the appointing authority decides to reject a withdrawal request, the reasons for rejection must be recorded in writing and communicated to the employee concerned.
Will past service count after a subsequent appointment?
Where the rules allow benefit of past service (for pay fixation, pension and/or death-cum-retirement gratuity and leave) on a subsequent appointment within the state government — subject to submission of the application through the proper channel — such benefits will now be admissible even when the application for the subsequent appointment has been submitted without obtaining an NOC under these instructions, or where the incumbent was not in service at the time the application was submitted. In short, the waiver of the NOC requirement does not automatically forfeit the entitlement to past-service benefits where they are otherwise admissible under Haryana Civil Services Rules.
Should government employees resign to contest elections?
Yes. A government employee who wishes to contest elections, whether for a panchayat, a municipal body, the State Legislative Assembly or Parliament, must resign from service. The notification makes clear that following the election, the employee will not be re-appointed to their original service regardless of whether they win or lose. This is a firm administrative rule intended to separate public office from government employment.