Can i continue my regular graduation course while working as government employee?
Manish Das
(Querist) 28 August 2014
This query is : Resolved
I recently got a Govt job as primary teacher in West Bengal. The qualification required was 10+2. I was pursuing Bsc graduation degree when i was appointed. Is it illegal to continue my studies(regular course) along with the job? What is the standard procedure to continue my studies along with the job?
Sudhir Kumar, Advocate
(Expert) 28 August 2014
you should seek permission of deptt to continue study and take leave (if given)
malipeddi jaggarao
(Expert) 28 August 2014
Do not attempt to continue thinking that it will not be known to your employer. When you pass out the graduation, while submitting the certificate to your employer, they will take objection and may even initiate disciplinary action.
Find out any possibility from the possibility to appear for the rest of the course privately. If that is so, you can attend the examinations as private candidate, which will not create a problem in future.
P. Venu
(Expert) 28 August 2014
Law apart, how can you travel in two boats in the same time?
ajay sethi
(Expert) 28 August 2014
agree with experts
Rajendra K Goyal
(Expert) 28 August 2014
Inform / get permission from the department, can continue the studies.
Manish Das
(Querist) 28 August 2014
Thanks. I have got a verbal permission from the Chairman. Also gave a written application and asked for a recieved copy but he refused to provide it saying its a formality and wont be aproblem in future.
My college and job timing dont co-incide (Morning . I can manage both. I just needed leaves for exams which he granted.
Do i need to fetch any written proof in case the Chairman of the council changes in future?
Thanks in advance
malipeddi jaggarao
(Expert) 28 August 2014
Mr.Manish Das - verbal permissions will not stand when the issues surfaces. Definitely they will point out when you submit your graduation certificate for inclusion in the qualifications of Service Register.
I will give you further solution:
1. If the college timings and your job timings do not clash at all, you make an application to your higher authority under whom you are working stating that you are studying and would like to continue studies and the timings are different (quote both the timings) and it will not hamper your regular routine duties, hence permission to pursue higher studies may be granted.
Get an acknowledgement and keep it with you. If they do not wish to give written permission, this copy will suffice if at all any problem comes in future.
You are not asking any favour. It is only to avoid future problem. Your further studies will benefit you and the organisation in which you are working as you are a teacher and would like to further your higher studies. Let them take the application and process it. They will not reject your application. They may delay permission and they put some conditions.
Do not take this lightly. I have seen in some cases disciplinary action is initiated.
Kumar Doab
(Expert) 28 August 2014
The chairman has deliberately not given acknowledgment of the copy.
Without acknowledgment and approval you may loose.
Hence get both or atleast written approval.
Rest is upto you.
Manish Das
(Querist) 28 August 2014
Yes Mr. Sudhir Kumar Sir it is a Govt Job
Thank You everyone for the advice.
Sudhir Kumar, Advocate
(Expert) 29 August 2014
If it is Govt job then there is no alternative to written permission.
Either the Chairman is malicious or does not know the rules at all.
When you complete degree someone else may be on the chair and may not listen to you or pay any heed to 'oral permission' and the consequences eleborated by Mr Jaggaroa may follow.
If this qualification is not added in Service Book(even if there is no disciplinary action) then it is of no use to be a graduate.
Anirudh
(Expert) 29 August 2014
First indicate what is your office timings.
Also indicate what is the college timings.
P. Venu
(Expert) 29 August 2014
Facts are confusing. If it is a Government job, How come there is a Chairman for the school.
In the general parlance, such powers are vested with the head of the Office. In the instant case, it may be the District Education Officer or one of equivalent rank.
By the way, who is maintaining the service book?
Sudhir Kumar, Advocate
(Expert) 29 August 2014
Office timing and college timing are not so relevant. These are relevant at the stage when he has to continue after getting permission.
Relevant is whether he has or has not written permission to continue study in service.
If he has no permission and then let him keep adding degrees but none such qualification will be added in service record and he will render himself liable for disciplinary action.
Anirudh
(Expert) 29 August 2014
Dear Mr. Sudhir,
Please appreciate that by studying/undergoing educational course during one's off-office timings, one does not commit any crime or violate any service rules.
So long as he gets leave granted for appearing in examination, that itself will be proof enough that the Administration is aware of his pursuing the course.
There cannot be any future problem in the fact situation.
Even, in case of any future problem arises for him having pursued the course, without official written permission, the same can be tackled by means of writ petition. The Court will definitely come to his rescue.
I am quite confident about it.
Kumar Doab
(Expert) 29 August 2014
I whole heartedly support the view of Mr. Anirudh that employee should apply leave for appearing in exams........................(express it in reason for leave) and obtain approval..........................and also that if one is utilizing off time for availing education then it is good.
The education grooms personality, fosters learning, improves vision, approach, and a learned and education person leaves positive vibes and impact on others.
I strongly recommend that one should submit request seeking approval, leave by Redg. post and insert the form/format in envelope before Sub Postmaster and obtain certificate.......................document was booked vide Redg. Post number.................and alos obtain POD (free) and certified copy of run sheet of postman (against Rs.10)......................and build evidence.....................
I am also confident like Mr. Anirudh that if one has built enough irrefutable evidence the courts shall rescue the employee.
I congratulate Mr. Anirudh for leaving positive impact and vibes thru his posts in this thread.
P. Venu
(Expert) 29 August 2014
Continuing one's education at any stage of life is an ordinary right and such a right cannot be restrained or restricted, even in respect of a Government employee,except under a provision having the force of law.
The CCS(Conduct) Rules contains no express provision that an employee cannot continue education unless he obtains the permission. It is only an administrative decision that permission is requires to be obtained. This is because continuing education may adversely affect employee's devotion to duty. Hence, if at all disciplinary proceedings are initiated, it needs to be substantiated that employee had committed the misconduct of lack of devotion to duty!
Manish Das
(Querist) 30 August 2014
Mr. P. Venu Sir, by Chairman, I meant The Chairman Of District Primary School Council.
malipeddi jaggarao
(Expert) 30 August 2014
MR.Manish
Though it is your right, there is no restriction for pursuing your studies if they are not affected your routine job work. But to include the degree in your service register unless a permission is given, it will not be included. At the same, there is every possibility that disciplinary action may be initiated stating that it affected your routine work.
Why to have long discussion? I suggested you the way out. If you really do not wish to land into problem in future, please try to implement the advice.
Sudhir Kumar, Advocate
(Expert) 30 August 2014
(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.]
Sudhir Kumar, Advocate
(Expert) 30 August 2014
I have reproduced Govt instruction on the subject.
I believe State Govt may be having similar instructions.
Sudhir Kumar, Advocate
(Expert) 30 August 2014
I always have the pleasure to agree with the views of Mr Anirudh and Mr Jaggarao.
However, in this case I am very well sure that :-
(I) he needs a written permission that he has to continue studies. EVEN IF CLASSES ARE BEYOND OFFICE HOURS. A Govt servant is round the clock employee.
(II) mere grant of leave for appearing in examination does not amount to grant of permission for higher studies. THE STATUS OF LEAVE SANCTIONING AUTHORITY IS GENERALLY VERY LOW TO THE STATUS OF COMPETENT AUTHORITY FOR GRANT OF PERMISSION UNDER CONDUCT RULES
(III) Unless he has written permission then his qualification will not be added to service book and seniority roll and NO PROMOTION DEPUTATION WILL BE GIVEN TO HIM BASED ON THIS QUALIFICATION. Even application for other employment outside with minimum graduation requirement will not be forwarded.
(iv) In addition he is liable for disciplinary proceedings.
(v) Even if he secures another Govt job by hiding this employment and new employer coming of this misconduct they can also initiate action against him.
malipeddi jaggarao
(Expert) 30 August 2014
@Ld.expert Shri Sudhirkumar - Sir, I am also holding similar view on the query. He has to obtain written permission from competent authority instead of oral promises.
Kumar Doab
(Expert) 30 August 2014
Follow the simple process and steps even if you do not belong to SC/ST category;
1. Submit your request for permission elaborating the course, timings etc, describing min. attendance required.....................and how would you manage your time,............... of course under proper acknowledgment.
2. Download the applicable rules as applicable to your establishment from concerned office or thru RTI, employee's (teachers) unions..................
Take help of seasoned employees/leaders/labor consultant/service lawyers to understand these.
The leaders/Lawyer well versed with cases/matters of your establishment can direct you to compendium of cases/decisions related to your establishment and you can go thru these.
3.Submit reminders if no approval or declinature is supplied of course under proper acknowledgment.
4. Take up the issue with unions and then officials and create avenues for education
and then policies/rules treating all employee's of all class/caste/categories at par. It is certainly possible.
Employee's is a huge vote bank that NO party/govt ignores.
5. Also check which courses thru Distance Learning mode.................,,,, Open Univ. etc are recognized and also accepted by your establishment and choose wisely.
6. If at any point of time the matter lands up in court of law then remember the irrefutable written record alone shall be evidence and can rescue you.
7. There are enough precedence that show :
---'Why Employers loose in court of law.
---'Why employees' loose in court of law.
---Although the executive like to/have been........................intruding claiming executive decision......................courts have decided there are areas where executive can not intrude by executive decision.......................executive decision can not be over and above..................rights of citizens, statue, law, rules, policies................
8. The job of authority at low or high level is one;
To decline citing rules/logic/reason. Hearsay, gossip, rumor are not rules or policies.
To approve and might be by adding conditions.
To not to maintain studied silence.
9.It is not mandatory that your state/govt/establishment shall follow the central rules.........................although it may take light from it.
10. The united forum and unions of employees can engage the management for modification of rules if reqd.
Proceed meticulously and do not leave anything off record and thus to chances.
Follow simple steps and create irrefutable record and there are chances that you shall have merits always in any matter, including your education.
Sudhir Kumar, Advocate
(Expert) 30 August 2014
no need for such elaborate formalities. No risk of annoying is to be afforded.
You do not have a enforceable right to be given permission.
Cornered by pressure the competent authority can refuse permission in writing and you have practically no remedy against the same.
Obtain permission politely.
T. Kalaiselvan, Advocate
(Expert) 31 August 2014
Experts have shared their views and opinions on the subject query, to my share, I endorse that any government employee intends to do anything outside his employment namely pursuing higher studies or any other business activities, he need to have a written permission from the competent authority authorised to grant such permission, therefore for your own benefit, better obtain a written permission and proceed with your higher studies.
