Civil Procedure Code (CPC)

Noc for llb while doing job

 


Querist : Anonymous (Querist)
17 June 2021

I am a government servant currently working in indian railway. I had applied for for NOC to persue llb but my supervisor is constantly stating that permission cannot be given for regular course of study. The higher authority will reject your request. I have got an OM of GOI decision that employee can do regular course of study by joining the institute in THEIR LEISURE HOURS.
Can I get permission from railway to attend college and persue my llb while doing job concurrently? Is there any rule regarding this matter?


kavksatyanarayanaOnline (Expert)
17 June 2021

What are your working hours? You have a regular duty for 8 hours from morning to evening, then you can ask to study in night college. In your leisure time, do the college run? So they may not give permission. If you study without permission, it leads to complications in your job.


Querist : Anonymous (Querist)
18 June 2021

Sir,
My working hours are not fixed. It varies according to duty assigned(loco driver) on that day. Can this b a problem? Or, by other means can I get attendance relaxation from college.


Querist : Anonymous (Querist)
18 June 2021

What if my duty hours collide with college hours but I can manage both of my schedule hours

P. Venu Online (Expert)
18 June 2021

Which is the OM concerned? Please provide the particulars.

Sudhir KumarOnline (Expert)
19 June 2021

You can get permission subject to exigency of service.
exemption from attendance cannot be commented by this forum.

if your duty hours and classes clash then either you are on leave to attend class or you are on duty.


Querist : Anonymous (Querist)
19 June 2021

Respected P venu sir,
Here is the OM
Government of India Decisions

(1) Joining of Educational Institutions by Government servants outside normal office hours.

It has been brought to the notice of this Ministry on behalf of Government servants belonging to Scheduled Castes/Scheduled Tribes, that certain Ministries/Departments do not permit members of their staff belonging to these communities to join educational institutions outside the normal office hours.

2. As the Ministries are aware, it was proposed in this Ministry’s OM No. 25/27/52-Est., dated the 3rd May, 1952 (not reproduced) to issue general instruction on the subject. The replies received to that OM however revealed that while some Departments found that efficiency was suffering on account of Government servants attending a regular course of study for University Degree even outside office hours, a great majority of the Ministries was able to permit their employees to pursue such studies without detriment to official duties and that no serious problems had been created in most of the Departments by Government servants joining educational institutions. It was, therefore, not considered necessary to issue any specific instructions on the subject. Ordinarily there can be no objection to the pursuit of knowledge by Government servants in their leisure hours. But this must be subject to the condition that such pursuit does in no way detract from their efficiency. Wherever found necessary, the administrative authorities may require that Government servants under their control should take prior permission before joining educational institutions or courses of studies for University Degrees as the joining of educational institutions involves advance commitment about attendance at specific hours and absence from duty during periods of examinations. Ordinarily, permission is to be granted but with a view to summarily dealing with cases where it is noticed that the Government servant has been neglecting his duties for the sake of his studies, a condition may be attached saying that the permission may be withdrawn at any moment without assigning any reason. This will, of course, be without prejudice to any other departmental action being taken where mere withdrawal of the permission is not considered adequate.

3. Government servants belonging to the Scheduled Castes/Scheduled Tribes may be allowed to take full advantage of the educational facilities subject to the policy stated above.

4. These instructions have been issued with the concurrence of the Comptroller and Auditor General in so far as persons serving under him are concerned.

[MHA OM No. 130/54-Ests.(A), dated 26.02.1955.]

(1A) Period of tenure of the official should be taken into account while granting permission

It is clarified for information, and compliance by the Ministry of Finance, etc., that while taking into account the various administrative considerations in deciding upon a request for permission to attend courses of study outside office hours, the period of tenure of the Government servant concerned should also be taken into account so that in the ordinary course, occasions do not arise to ask for extension of tenure to cover the period of the course attended by him which may continue beyond the expiry of the tenure. Should a case of permission to a tenure officer to join an educational course the completion of which would require the extension of tenure of the officer concerned come up for consideration, this Department may please be consulted before the permission is granted.

P. Venu Online (Expert)
19 June 2021

This instruction has been issued 66 years ago. Are there any fresh norms on the issue? To my knowledge there are none.

So also, the CCS(Conduct) Rules, 1964 does not mandate any permission being sought by the Government employee joining an educational institutional outside normal office hours.

Sudhir KumarOnline (Expert)
19 June 2021

these orders are not amended so far.


Querist : Anonymous (Querist)
19 June 2021

P venu sir and sudhir kumar sir,
You both are right. There is no amendment in this law and conduct rules. And also, it is not mandatory for the employer to give permission by this rule. But some of the employees have got permission to persue law. So may I go ahead with this issue? Or is there no hope to get permission?

T. Kalaiselvan, Advocate Online (Expert)
19 June 2021

Firstly you must understand the nature of job you are involve into.
The job of loco pilot is running in nature and the working hours are staggering.
Even if you get permission from your department you may not be b able to fulfill the attendance requirement owing to the nature of yor job as the course if of 3/5 years, and you may not find it possible to manage through the course of studies with the attendance issue.
The pursuit of the higher education while employed is a good idea and it should not be discouraged, however you may have to overcome the practical hurdles in your efforts as well as the dream to achieve.


Querist : Anonymous (Querist)
20 June 2021

T. Kalaiselvan sir,
That is what the office is telling me, "Even if you got the permission, how would you manage the attendance in college going by the schedule of your duty hours?", though in most of the college, students don't attend college regularly.
So I think, the idea should be dumped as attendance issue will b a major factor considering during college hours I was performing my govt duty.
Also chances of study leave are very low.

kavksatyanarayanaOnline (Expert)
24 June 2021

Your leave will not come under study leave. Study Leave is separate. You shall convince your authority regarding your dream and request to give you permission.

T. Kalaiselvan, Advocate Online (Expert)
24 June 2021

It will be easy for everyone to suggest all short cuts and motivate you to study without understanding the practical difficulties besides recognition of this law degree in future by Bar council if you approach them for getting yourself enrolled as an advocate.
You may think about all the aspects properly including the pros and cons an the hardships you may have to undertake to complete this course during the staggered working hours of your employment and then decide what best can be done on this desire to become a future lawyer.


Querist : Anonymous (Querist)
25 June 2021

Thanks to all experts for their valuable feedback and guidance.

Sudhir KumarOnline (Expert)
25 June 2021

Some persons have problems
some do not have problems so have to imagine problem.

If others have been given NOC why do you think you are not being given.


Querist : Anonymous (Querist)
25 June 2021

Sudhir kumar sir,
Many times it depends on the competent authority also. Some give permission saying it should not hamper your duty. Others just do it the other way by simply denying and without considering any possibility of such thing.

Isaac GabrielOnline (Expert)
28 June 2021

Even if you complete the Law course by hook ar by crook, problem will arise at the time of enrolment in Bar Council that anybody working in Government post will be debarred.

P. Venu Online (Expert)
05 July 2021

The question of obtaining permission for pursuing higher studies for those in Government service has been a recurring query in this platform. Invariably, the queries pertained to cases where permission was refused. And, in majority of cases, the course for higher study has been LLB.

In this context, it is a moot question whether a Government employee requires any permission to pursue higher study and whether he is placed in different footing or status vis-a-vis an ordinary citizen. It requires no elaboration that, for an ordinary citizen in any walk of life, education or continuing education is an activity that is beneficial not only for the individual, but also for the Society at large. It is the basic element of our public policy that the Government has been extending a helping hand towards continuing education by creating facilities for education through correspondence courses etc.

Such being the ground reality that continuing education and higher proficiency is not at all a restricted or curtailed activity but, on the contrary an endeavour, that is encouraged by the Government, it repays study whether there are different norms laid down for those in Government service that it is forbidden for them pursue higher studies save with the express permission of the Government.

It is well settled that the position of a Government employment is that of status; the service conditions are laid down by the statute enacted or notified in terms of Article 309 of the Constitution. There are specific Conduct Rules notified in respect different services. All the provisions are more or less on identical. For instance, CCS(Conduct) Rules [applicable to Central Government servants] is pari materia with the Railway Servants Conduct Rules and All India Service Conduct Rules. The Conduct Rules specify activities forbidden for the Government servant and activities which require permission. Thus, participating in politics is forbidden; acquiring property or its disposal in certain situations (not in all cases) requires permission.

However, there is no statutory provision in any of the Conduct Rules which mandates prior permission. Of course, there is the OM reproduced by the querist. But an OM is not a statute, it is only an administrative instruction. Needless to state, the OM does not have the sanction of Article 309 of Constitution and hence, is of no legal effect in restricting or otherwise controlling the basic right of the Government employee, as a citizen, to pursue knowledge.


Querist : Anonymous (Querist)
06 July 2021

Respected P Venu sir
There is no different norms for government employees or normal people to persue higher education. But the fact that a person cannot be at two places at the same time, can be a problem for government employee. If he/she can manage attending both the places (work & college), there should be no problem persuing higher education.
Bottom of the line is a government employee should get permission for higher education in normal circumstances. But it also depends on the competent authority.
I am still waiting for the reply from my authority officer. He told me that permission will not be given, but officially no rejection letter is given.



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