Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Refusal of personal dept to enter higher qualification in service record

(Querist) 14 May 2013 This query is : Resolved 
Sir,

One of my friends working in University has persuaded the higher studies from the same university under distance education scheme. but unfortunately not taken the permission from hiher authorities assuming that persuading the higher studied from the parental university will not required permission moreover it will not affect the work atmosphere.Now the personal dept of the university refusing to enter the higher qualification in Serive record stating that prior permission has not taken.Please help in this matter.

Regards

Ghouse
(mohiddinghouse@yahoo.co.in)
N.K.Assumi (Expert) 14 May 2013
If a convict in jail can appear UPSC, there is no reason why such qualification should not be added. Why dont you tell your your friend to approach the Chief Secretary.
Khaleel Ahmed (Expert) 14 May 2013
For distance education there is no need to take permission from the employer.If the university authorities refused to enter your qualification, you are advised to file a writ petition through your local lawyer.
Raj Kumar Makkad (Expert) 14 May 2013
University/employer is right in its approach. If such practice as desired by your friend is adopted then what shall be the need for any employee to take prior permission of the Govt./employer and in that event the situation of monarchy cannot be ruled out.

Legally employer is right in its approach. Try to get the relief obtained from court. Generally such matters are decided on sympathetic considerations.
P. Venu (Expert) 18 August 2013
The service rule that an employee should take prior permission for pursuing higher studies had come into force at a time when distance education was unknown. There is no statutory prohibition under the relevant Conduct rules, but there are administrative instructions requiring obtaining of prior permission. Thus obtaining of permission is not mandatory, but only directory. Principle involved is that the employee should not engage himself in any activity which distracts his full devotion to duty. It is a moot question whether these administrative instructions are relevant for distance education.

Even assuming that the employee should have sought prior permission, it only renders the employee liable for departmental action. It is not open the employer/ Government refuse to take note of the higher qualification earned by the employee. Such an action is unreasonable and mala fide.
Guest (Expert) 18 August 2013
I can just express my surprise over the advice to Mr. Ghouse, as against the organisation's conduct rules prescribed for the employees.

Wish him success, if the court agrees on the views, if case is filed in the competent court/ tribunal.
Sudhir Kumar, Advocate (Expert) 27 August 2013
He has actually messed up the facts in different threads leaving the experts to play hide and seek:-

http://www.lawyersclubindia.com/experts/permission-for-higher-studies-with-out-prior-permission-415351.asp#.UhyOnX_Qzmk

http://www.lawyersclubindia.com/experts/Refusal-of-Personal-Dept-to-enter-Higher-qualification-in-Service-Record-392711.asp#.UhyOon_Qzmk

http://www.lawyersclubindia.com/experts/Departmental-Promotional-Committee-416561.asp#.UhyOmH_Qzmk

He should come with full facts in one query

Sudhir Kumar, Advocate (Expert) 27 August 2013
I am very sorry to refer to the veiws of Mr Assumi

"If a convict in jail can appear UPSC, there is no reason why such qualification should not be added. Why dont you tell your your friend to approach the Chief Secretary. "

The convict in Jail is not Govt employee and is not bound by the CCS (Conduct) Rules.

A guity person in Govt gets nothing by meeting higher authorities when these authorities can be satisfied about his guilt on papers. University is till lenient as not initiating disciplinary action.
Sudhir Kumar, Advocate (Expert) 27 August 2013
I am also sorry to disagree with view of Mr Khaleel Ahmed that

"For distance education there is no need to take permission from the employer.If the university authorities refused to enter your qualification, you are advised to file a writ petition through your local lawyer."

He simply has to seek favour of the authorities who have power to give ex-post facto permission which they will not give. Serving notice to them serves no purpose rather incurs wrath.
Guest (Expert) 27 August 2013
The authorities cannot refuse to take on record the higher education qualification of the employee. The authorities are however free to take disciplinary action against the employee on account of his misconduct for not taking due permission of the competent authity to pursue higher studies.
Sudhir Kumar, Advocate (Expert) 27 August 2013
Now putting a cap on the scattered facts. The querist has to understgand :-


(i) He was required to seek permission of the competent authority before pursuint higher studies.

(ii) This permission was needed even if the course was from the same university.

(iii) This permission was needed even if the course was of distance education.

(iv) This permission was liable to be withdrawn if the official duties fuffer.

(v) This permission was not taken by him.

(vi) This permission cannot be presumed if the application is forwarfedd by deptt andif leave is allowed to participate in classes or examination.

(vii) This permission cannot be compelled upon the employer.

(viii) This permission can be given ex-parte.

(ix) He has completed this course without hindetance to public duty as he has not stated of any complaint of controlling officers. (unless he is hinding facts).

(x) In the absence of this permission there can be disciplinary action against him

(xi) Without this permission his qualification will not be added in service book or seniority list and he will not be considered fro any promotion for which this qualification is mandatory.


(xii) Without this permission as his qualification will not be added in service book no application for deputation or employment to any post will beforwarded for any post for which this qualification is mandatory.

(xiii) Promotion cannot be denied to any post on which this qualification is not mandatory.

(xiv) If facing a disciplinary action any type of promotion/deputation/confirmation can be denied.


So he has to be polite (not provocative) with the authorities and get ex-post facto permission.
Sudhir Kumar, Advocate (Expert) 28 August 2013
You commented on http://www.lawyersclubindia.com/experts/Departmental-promotional-committee-416561.asp

"In this connection I had requested for the advise but most of them are giving the picture of failure of my friend to seek permission and its results which was known to us after this incident and not the proper advise which was the need of the hour."


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It is better your friends pays an advocate the get proper advise.


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