Employers Are Bound To Issue No Objection Certificate In Cases Where The Employee Full Fills All The Conditions Required For Separation

The Petitioner was selected for the post of Assistant Professor in AIIMS Bilaspur. However, the previous employer of the Petitioner i.e. I.G.M.C, Shimla, refused to issue NOC to the Petitioner stating that the Petitioner is required to serve for the bond period. The Petitioner argued that, he shall not be required to serve the bond period as he had already agreed to pay amount stipulated in the bond. Considering the arguments advanced, the High Court of Himanchal Pradesh in this CWP No. 10211 of 2023, observed that, since the Petitioner has agreed to pay the entire bond money amounting to INR 60,00,000, he cannot be compelled to work against his wishes. The very purpose of the bond is to ensure that the doctor who has studied on government expenditure, is made to work for the state after the completion of the course but once bond itself provides that in the event of violation of bond, the bond amount shall be payable by executant of bond, in that case the Petitioner cannot be compelled to work for bond period even after deposit of bond money. Accordingly, issuance of NOC was ordered on May 2, 2025.