Government of the Punjab, School Education Department has issue the official order in connection with NOC for taking admission in M.Phil evening program.
M. Asghar Ali, Senior Headmaster (BS-18), Government High School, Chak No.47/JB, Tehsil Samundari, District Faisalabad, filed writ petition No.252040/2018 in the Hon’ble Lahore High Court, Lahore which came up for hearing before her Ladyship Ms. Justice Ayesha A. Malik, Hon’ble Judge, who vide order dated 28.11.2018 passed following direction:-
The request of the learned counsel is tenable, which has not been opposed by the learned Law Officer. Therefore, Respondent No.1 is directed to decide the pending application of the Petitioner dated 28.06.2018 in accordance with law through a speaking order after hearing all the necessary parties within one month of receipt of certified copy of this order. Compliance report shall be submitted to Deputy Registrar (Judicial) of this Court. Disposed of accordingly.
AND WHEREAS, in compliance of the direction of Honourable Court, the petitioner was afforded an opportunity of personal hearing on 26.12.2018 & 08.04.2019 which he availed in person and reiterated his stance as taken by him in the writ petition. He prayed that an appropriate writ may kindly be issued with the specific direction to the Respondent No.1 (Secretary, SED), to decide the representation of the petitioner by resolving the issue of his permission / NOC for the admission of M.Phil, pending before him.
The claim of the petitioner is that while posted in District Toba Tek Singh, he moved a request for issuance of NOC / Departmental Permission for taking admission in M.Phil Evening Programme in the Year 2016-18 at Agriculture University, Faisalabad but NOC was not granted as his request was not forwarded to Competent Authority I DPI (SE), Punjab, Lahore. He submitted application in this department for redressal of his grievance and the same was forwarded the DPI (SE), Punjab, Lahore.
AND WHEREAS, the DPI (SE), Punjab, Lahore vide letter No.2792/Admn(Male)-4, dated 28.02.2019, has submitted that it has been checked from the relevant record in this Directorate and observed that the case for issuance of Departmental Permission I NOC for taking admission in M.Phil in respect of Mr. Asghar Ali, Senior Headmaster (BS-18), Government High School, Chak No.47/GB, Tehsil Samundari, District Faisalabad was not received in DPI (SE), Punjab, Lahore from Chief Executive Officer (DEA), 1T. Singh.
However, after receiving letter No.SO(SE-I)1-10/2015 dated 06.06.2018 from School Education Department, the Chief Executive Officer (DEA), IT. Singh was directed to look into the matter and submit detailed report on this instant issue vide letter No.12172/Admn(Male)-4 dated 16.08.2018. The Chief Executive Officer (DEA) has submitted his report vide No.5897/E-1 dated 29.08.2018, wherein he has reported that the applicant did not submit request for the purpose to DEO (SE), concerned well in time and he was relieved from District T.T.
Singh on 07.09.2018 in compliance of Government of the Punjab, School Education Department’s letter No.SO(SE-I)1-201/2017 dated 22.08.2017, wherein the Chief Executive Officer (DEA), T.T. Singh was requested to place the services of petitioner at the disposal of School Education Department in response to CEO (DEA), T.T. Singh’s letter No.4284/Admn/E-1 dated 07.08.2017.
He has further reported that his application for issuance of departmental permission was received on 28.06.2018 after more than 10-months of his relieving from District Toba Tek Singh which was returned by him with the remarks that the applicant is not serving presently in Toba Tek Singh.
ND WHEREAS, Ancillary Instructions in the Punjab Government Servants (Conduct) Rules, 1966, vide No.S(R)1357/1-26-58-SO-XIII, dated 21st June, 1960 are reproduced as under:
“In supersession of previous instructions on the subject the Punjab Government has decided as under:
a). Government servants should not under any circumstances be allowed to attend any classes or courses during office hours.
b) Outside office hours, they may attend classes/courses. No formal permission is necessary in such cases. They may only inform the Head of their Department that they are attending such classes/courses.If, however, it is found that by attending such classes/courses the work of the Government servants is suffering the Head of Department, may by an order, stop the Government servant from attending such classes/courses.
c) Administrative Secretaries/heads of Attached Departments are requested to please report after a year the number of Government servants under their control who under took such studies and how many of them left service after completing the course, and also whether the studies interfered with their efficiency. They may also suggest whether any modifications are necessary in this policy.”
AND WHEREAS, Ancillary Instructions in the Punjab Government Servants (Conduct) Rules, 1966, further clarified vide No.S(R)1151/1-26/58-SO-XIII, dated 27th April, 1962 are reproduced as under:-
Reference this Department memorandum No.S(R)13571-1-26/58-SO-XIII,dated 21st June, 1960,on the subject noted above. Government of Punjab has decided that the orders contained in the memorandum under reference should continue. However, the Government servants joining evening classes should inform the Head of the Department in writing the name of the institution he had joined.”
NOW THEREFORE, in view of the foregoing, I, Secretary, School Education Department hereby ACCEPT the contention of the petitioner as no formal permission is required for attending classes outside office hours. In this regard, the instructions of Government of the Punjab as reproduced above are circulated among all the field formation of School Education Department with the direction to ensure compliance in letter & spirit.