Deprival of study leave to associate professors to pursue phd, unlike assistant professors
Prashant
(Querist) 31 August 2013
This query is : Resolved
As per the UGC letter dated 7th June, 2013,No:F.1-6/2012(PS) AND THE FOLLOW UP LETTER FROM DIRECTORATE OF HIGHER EDUCATION OF GOA WITH REF NO: DHE/MISC/2013/1935DATED 17/07/2013, I HAVE BEEN DEPRIVED OF MY STUDY LEAVE FOR THE COMPLETION OF PHD, JUST BECAUSE I AM A ASSOCIATE PROFESSOR. THIS CONDITION HOWEVER IS RELAXED FOR ENTRY LEVEL ASST. PROFESSORS AND HENCE FORTH ONLY THE ENTRY LEVEL ASSISTANT PROFESSORS WILL BE ELIGIBLE TO APPLY FOR STUDY LEAVE UNDER FACULTY IMPROVEMENT PROGRAMME OF UGC. THE ONLY GROUND GIVEN BY UGC IS THAT ASSOCIATE PROFESSORS ARE ELIGIBLE FOR SABBATICAL LEAVE.
IS THIS NT AN VIOLATION OF ART.14; IS IT NT A DISCRIMINATION BETWEEN DIFFERENT CLASS OF TEACHERS; IS IT NT A DEPRIVATION OF MY RIGHT TO HIGHER STUDIES? CAN ANY LAWYER FROM THE LAWYERS CLUB SUGGEST ME A REMEDY FOR THE SAME?
Sudhir Kumar, Advocate
(Expert) 01 September 2013
what leave rules apply to you and what leave rule apply to other category.
Guest
(Expert) 01 September 2013
Grant of leave is always at the discretion of the employer, as the same cannot be claimed as of right. So, Article 14 is not attracted in your case.
The remedy is only to convince the management that your higher qualification can improve the quality and efficiency of your service.
Sudhir Kumar, Advocate
(Expert) 01 September 2013
before convincing the management to grant leave you need to convince yourself that leave is admissible as well.
please reply above questions
Rajendra K Goyal
(Expert) 01 September 2013
The query raised by the expert Sudhir Kumar ji need to be replied.
P. Venu
(Expert) 01 September 2013
What are the conditions for the grant of sabbatical leave?
prabhakar singh
(Expert) 01 September 2013
A sarcastic question?
needs plenty of facts for proper reply.
prabhakar singh
(Expert) 01 September 2013
The granting of Sabbatical Leave is not automatic. Employees who wish to be considered for Sabbatical Leave must:
Be performing at or above the norm for their academic level,have met agreed outcomes of previous sabbatical applications or provided a reasonable explanation for failing to do so,
must apply timeously to facilitate planning in the School/Faculty,ensure the objectives and outcomes for the proposed sabbatical are in terms of their Personal Development Plan (PDP)
Period of Sabbatical Leave
The maximum sabbatical that may be granted within a period of 5 (five) years from the beginning of a period of sabbatical is 264 (two hundred and sixty-four) working days. Sabbatical Leave may not be granted for periods less than that determined by the Faculty or 22 working days.
Prashant
(Querist) 04 September 2013
Dear Lawyers, its very nice t hear from u on my problem of FIP.
. Our appointments and promotions are purely based on the number of years one has incurred in service along with the required number of Refresher courses and One Orientation course which we are supposed to attend.
2. Sabbatical Leave is granted for either higher studies/writing a book/literature on any other work related to academic including research. The deatiled are as foolows:
SABBATICAL LEAVE
With respect to Sabbatical Leave, the following details are furnished:
Preamble:
(Rule : 15) The Sabbatical Leave facility has been introduced as a special facility to the academic staff members in order to enable them to update their knowledge and experience so that they will be of greater use to the Institute on their rejoining.
Provisions of Statutes :
(Rule : 16) Members of the staff deputed for practical training in or out of India shall be entitled to Special Leave as may be determined by the Board in each case.
Provided that Sabbatical Leave shall be admissible to a member of the academic staff : -
(a) after the completion of six years of continuous service, or more, with the Institute,
(b) where he avails of Special Leave, after the completion of six years service or more with the Institute after his return from such Special Leave;
but in any case such leave shall not exceed three times (inclusive of Special Leave in case such leave has been granted) during the entire service of such a member.
(Rule : 17) Sabbatical leave may be granted for one or more of the following objects, namely :-
(a) to conduct research or advanced studies in India or abroad ;
(b) to write text books, standard works and other literature ;
(c) to visit or work in industrial concerns and technical departments of Government to gain practical experience in their respective fields;
(d) to visit or work in a University, Industry or Government research laboratories in India or abroad, and
(e) any other purposes for the academic development of the staff member, as approved by the Board of Governors.
(Rule : 18) The grant of Sabbatical Leave shall be subject to the following conditions, namely :-
(a) the period of Sabbatical Leave shall not exceed one year at a time inclusive of vacation, if any, but the Board may grant in addition any other leave upto a maximum of 120 days which the member might have earned during the service at the Institute;
(b) a member of the academic staff shall, during the period of Sabbatical Leave, be paid full salary and allowances admissible under the normal rules but he shall not be entitled to any travelling allowance or any extra allowance in India or abroad ;
(c) no substitute shall be appointed in the vacancy and his work shall be shared by the other members of the Faculty ;
(d) a member of the academic staff shall not undertake during the period of Sabbatical Leave, any regular appointment under any other organisation in India or abroad. He shall, however, be free to receive a scholarship or fellowship or bursary or any other ad hoc honorarium other than regular employment ;
(e) a member of the academic staff availing himself of sabbatical leave shall furnish a bond in the prescribed form to serve the Institute for a minimum period of three years on return to duty.
N.B : The Statutes do not provide for splitting and utilising Sabbatical Leave in parts.
BOARD NORMS
The Board norms relating to the Sabbatical Leave and the conditions mentioned therein, are described below :
(Rule : 46) (a) The continuous service will commence from the date of joining the Institute or from the date of rejoining on return from Sabbatical Leave / Special Leave – Para 41/ EOL without leave salary except EOL granted on medical grounds. Service at this Institute as non-academic staff if any will not count for the continuous service.
(b) For the purpose of applying norm at Para 45 (d) above, positions such as Visiting Faculty / Visiting Scientist are not to be considered as regular employment except appointment made on a tenure basis and regular time scale of pay.
(c) Those academic staff members who have been sponsored by the Institute for short term visit upto 90 days under DAAD scholarship or any other similar programme shall be deemed to have been in service for the purpose of calculating continuous service.
(Rule : 46) Sabbatical Leave shall not be granted for less than 6 months at a time.
If the leave availed of is less than the maximum permissible period, it would still be presumed that the opportunity has been fully utilised and the eligibility criteria would apply afresh from the date of reporting back from such leave.
(a) The faculty member shall specify the places he proposes to visit, the nature of work he proposes to do and how this would contribute to his academic development.
(b) While recommending the proforma the Head of the Department / Centre has to certify that alternative arrangements have been made for sharing of the academic, research and project activities and other departmental duties and commitments of the staff member concerned during his absence.
(c) A staff member having a long term project may request for permission to avail himself of Sabbatical Leave only after completion of one year from the commencement of a project and only if a coinvestigator as approved by the funding agency is available to take care of the project.
(d) Rule : At any point of time, in a Department a maximum of 15% of the sanctioned strength of the academic staff members of the Department (subject to any fraction in the figure thus arrived at being rounded of to the next higher integer) may be permitted to avail of long leave either within India or abroad. No substitute will be appointed in the vacancy and the work will be shared by the other members of the Faculty. This 15% rule will not apply in the case of staff members who are 53 or more years old.
(e) No other type of leave except leave at credit [Para 46 (a)] up to a maximum of 120 days will be permitted as an extension of Sabbatical Leave.
(f) A staff member who does not have the required period of service in the Institute on his return as stipulated in Clause 60, may, however, be eligible for leave at credit such as EL and HPL for visit abroad to accept academic responsibilities.
3. Can a Sabbatical Leave be confused with Study Leave for Faculty Improvement? If Yes then Why discrimination.
4.Under sabbatical Leave, one cannot depute a substitute teacher, whereas under FIP, one Can???????????
Raj Kumar Makkad
(Expert) 06 September 2013
You cannot be discriminated in the given facts as such leave is your entitlement but still these are discretionary power of employer so better to negotiate failing which serve a legal notice.
P. Venu
(Expert) 06 September 2013
The distinction made between the Assistant Professors vis-a-vis the Associate professors for the grant FIP appears to be fair and reasonable. Reasonable classification is not repugnant to Right to Equality under Article 14.
Prashant
(Querist) 14 September 2013
Dear Experts,
There is one more clause for the grant of FIP study leave vis-a-vis Sabbatical leave, Under FIP, a taecher going on study leave gets a substitute teacher, whose salary is borne by UGC, but under Sabbatical Leave, there is no such provision of substitute. if a teacher goes on sabbatical leave, the reamianing teachers have to share the work load. Further, A teacher gets full payment with increments under FIP, bt its not possible under Sabbatical Leave. The Grant of sabbatical Leave vests with the Employers, but the FIP lasts with UGC. Entry Level Professors may be till six years or may be with 11 years of continous sewrvice as to become Associate Professor, one requires minimum 14 years of continous service with other required qualifications required for promotion.
1. How can one make the purpose of Sabbatical Leave and Study Leave for FIP one and same when the conditions required for the promotion pre and post study leave varies?
2. A person after the completion of Phd under FIP is entitled for increments, but under Sabbatical leave provisions, the purpose is many.
3. A person only after attaining certain years of teaching experience becomes Associate Professor, which needs to be taken into account while the granting of Study Leave under FIP.
4. The payment norms also differs under both the provisions.
Prashant
(Querist) 04 October 2013
i still did not gt th reply for my query
