Regarding noc from govt employer

Your employer's reply is correct.

Under the Government Servants Conduct Rules, no permission of the Government is necessary if one wants to pursue learning, which would not interfere with his work as Government servant. But if a Government servant wants to apply for another job, the Rules require that he should either apply through proper channel or get NOC from the present employer. It is up to the discretion of the present employer to give or not to give the NOC. If the other job is not a Government job and the other employer is willing to accept your application without NOC from your present employer, no one can prevent you from applying for the new job.

Can my employer refuse my application of NOC by stating you didn't took permission from us for course?

Ans : They are bound to refuse unless they take mercy on you and give-expost factor permission.

I understood that They can take disciplinary action against me but can they also refuse providing me NOC ?

Ans : Even if they take mercy on you and do not take any action stil they are  not bound to give NOC.

If they decide to take disciplinary action still there will be no NOC and during this actio you anot even be relieved.

To be able to give you legal answers to your legal question, some research should be conducted on your employment contract as well as your employer's company and human resources policies. The Employer may or may not refuse.

While entering Govt service no empl;poymetn contract is signed by individual.  The persons enter govt service on the terms and conditions already notified in gazette of India in exercise of powers conferred under provisio to article 309 of the constitution.

HR wing  of the govt deptts is not allowed to have a policy of its own.  They are bound by aopfreisa stauttory provisions and instruction of DOPT elaborating the same.

All Government servants of the Centre and the States are governed by what are known as Government Servant Conduct Rules. The Rules are promulgated in exercise of powers given under the Constitution of India. All Rules are similar but there can be differences between Centre and State and between States. Government Servant Conduct Rules are availabe for purchase from book shops selling law books. Under the Rules no permission of the Government is required for the pursuit of studies, unless engaging in such studies may affect the efficiency of the servant to do his Government work. Mostly seniors are not aware of theses rules. A liberal minded superior may take a liberal view. But most often the tendency is to say no. Once a no is received it is difficult to fight the superior. In Government there are many who aspire for higher posts and write Departmental Examinations. They will gernerally be having these books.

I hae seen a general tendancy of Govt deptts to allow employees to pursue higher studies. Such prmission is always subject to the condition that office work will not suffer.

However if such permission is denied then there is no remedy.

There are no rules of instructions having the force of law that an employee need to obtain the permission of the competent authority in order to pursue a course of study, that too, through the distance learning mode.

As such, it is unreasonable for the authority deny NOC or refuse to forward the application for another job when applied through proper channel on the ground that the requisite qualification had been acquired without obtainning permission.

I find two mutually contradictory statements by two learned advocates:

By Sudhir Kumar Advocate:

"While entering Govt service no empl;poymetn contract is signed by individual.  The persons enter govt service on the terms and conditions already notified in gazette of India in exercise of powers conferred under provisio to article 309 of the constitution."

By P Venu, Advocate

"There are no rules of instructions having the force of law that an employee need to obtain the permission of the competent authority in order to pursue a course of study, that too, through the distance learning mode."

What is the actual position? Article 309 states thus

309. Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed , to public services and posts in connection with the affairs of the Union or of any State:

Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and conditions of service of persons appointed , to such services and posts until provision in this regard is made by or under an Act of the appropriate Legislature under this article, any rules so made shall have effect subject to the provisions of any such Act.

The power to make rules is that of the legislatures: i.e. the Parliament in the case of Central Government servants and the State legislatures for the respective State Government servants.

Pending appropriate legislations, in the interim, some functionaries appointed by the President or State Governor can make the rules.

It is going to be 73 years since the Constitution was adopted. So far neither the parliament nor any of the State legislatures have found it necessary to pass any rules and the functionaries are merrily continuing to make rules according to their whims. Is this not unconstitutional and illegal?

To the best of my knowledge there are no rules that require a Government Servant to take permission of the Government to pursue studies, so long as it does not interfere with his work. If there is a rule I shall be grateful to be enlightened. Even if there is a rule, such a rule would be unconstitutional for reasons stated by me.

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech.]

I find two mutually contradictory statements by two learned advocates:By Sudhir Kumar Advocate:"While entering Govt service no empl;poymetn contract is signed by individual.  The persons enter govt service on the terms and conditions already notified in gazette of India in exercise of powers conferred under provisio to article 309 of the constitution."By P Venu, Advocate"There are no rules of instructions having the force of law that an employee need to obtain the permission of the competent authority in order to pursue a course of study, that too, through the distance learning mode."What is the actual position? Article 309 states thus309. Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed , to public services and posts in connection with the affairs of the Union or of any State: Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and conditions of service of persons appointed , to such services and posts until provision in this regard is made by or under an Act of the appropriate Legislature under this article, any rules so made shall have effect subject to the provisions of any such Act.The power to make rules is that of the legislatures: i.e. the Parliament in the case of Central Government servants and the State legislatures for the respective State Government servants.Pending appropriate legislations, in the interim, some functionaries appointed by the President or State Governor can make the rules.It is going to be 73 years since the Constitution was adopted. So far neither the parliament nor any of the State legislatures have found it necessary to pass any rules and the functionaries are merrily continuing to make rules according to their whims. Is this not unconstitutional and illegal?To the best of my knowledge there are no rules that require a Government Servant to take permission of the Government to pursue studies, so long as it does not interfere with his work. If there is a rule I shall be grateful to be enlightened. Even if there is a rule, such a rule would be unconstitutional for reasons stated by me.

Kindly update knowledge

(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.

let the poor querist not pay the price by falling into wrong advise.

To my knowledge and understading, the OM dated 26/02/1955, obviously, is a mere administrative instruction having force of law vis-a-vis an Act of the Legislature as provided under Article 309 or a Rule norified by the President or the Governor of the State as provided under the provisio thereto.

The extant Rules governing conduct of Central Government servant viz. the   CCS(Conduct) Rules, 1964 does not provide for any restriction as to the Government servant pursuing a course of study.

In view of this unequivocal legal position it would have been graceful had the learned expert avoided the expression "let the poor querist not pay the price by falling into wrong advise"

 

Yes this OM is administrative instruction but has to be followed as long as it does not contradict any statutory provision.

let the querist not learn from his own example. 

Corrigendum: "To my knowledge and understading, the OM dated 26/02/1955, obviously, is a mere administrative instruction having force of law ....................... " may kindly be read as "To my knowledge and understading, the OM dated 26/02/1955, obviously, is a mere administrative instruction having NO force of law". It is well settled that an OM is not statutory unlike a Rule notified under proviso to Article 309.

As to the main issue the said OM, on a disppassionate reading, could be found only to be procedural as to how the sanction is to be given and regulated; not that "no Government servant shall join any course of study except with the sanction of the competent authority". It is not known whether the SCC(Conduct) Rules 1955 provided any such restriction or otherwise.

Anyhow, this aspect is only of academic interest because of the provisions of Rule 32 of the CCS(Conduct) Rules, 1964 -

"25. Repeal and Saving: Any rules corresponding to these rules in force immediately before the commencement of these rules and applicable to the Government servants to whom these rules apply are hereby repealed: Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules. Provided further that such repeal shall not affect the previous operation of the rules so repealed and a contravention of any of the said rules shall be punishable as if it were a contravention of these rules"

The career of the qeriest is not for experiments.