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Applied for new posts without employers consent what can be done


02-Mar-2023 (In Labour & Service Law)
Dear Sir, I am working as an Clerk (Ahlmad) in the subordinate courts of Haryana. Its been 3 years since I was appointed by the state high court. I wish to apply for civil services examination but I have certain queries. Our applications for appearing for competitive examinations are rejected by the District Judge on one pretext or the other. The office is reluctant to forward our applications through proper channel. I am planning to apply without informing my office. In this regard kindly help me clear some doubt over below listed queries: 1. What actions can be taken against me by my present employers for applying for new posts without their consent? 2. In some of the online recruitment applications, there is a column which says 'Are you employed in govt sector?' We have to tick mark in YES (in addition to all the details) or NO. What actions could be taken against me (by new employers) if I conceal information about my present employment in a govt org?
Answers (1)

Answer #1
757 votes
Hi,
Nice query. Your concern can be explianed in various ways. The following are as under :-

1. If your present employer is not forwarding your application then in such eventuality you can approach Hon'ble High court for seeking mandamus.
2. The condition of sending application through proper channel is to seen in terms of advertisement you are willing to apply (their may be condition in advertisement that government employees have to send through proper channel )
3. The consequences if you forward the application at individual level, then your past serve will not be carry forward.
4. You can do one alternate also send one through proper channel (they may forward or they may not) and other side forward it individually also. (In such eventuality you would be having ground in future that i appplied through proper channel but they did not forward)
5.You may also check your terms and condition in appointment letter.
6. The only consequences in case you apply directly is that your past service will not be counted.

Best approach :- Apply through proper channel and if you present office is not forwarding then please approach Hon'ble High court.

Regards
SANCHIT PUNIA ADVOCATE
PUNJAB AND HARYANA HIGH COURT

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