VIVEK SHARMA
- Employees who acquired higher qualifications through
- regular mode without obtaining prior permission
- Employees who completed part of their degree before service but continued during employment will face penalties, including their study period being marked as Dies-Non, and salary recovery where applicable
- Employees who pursued and completed higher qualifications during service without salary will face a penalty of withholding two annual increments and exclusion from seniority lists
JAMMU: Jammu and Kashmir Government has taken a firm stand against employees of the School Education Department (SED), who have acquired higher qualifications through regular mode without obtaining prior permission from the competent authority.
This issue arose when details of Postgraduate (PG) degrees were submitted for updating seniority lists in various disciplines, revealing multiple cases of employees violating service rules. The unauthorized acquisition of higher education created hurdles in finalizing seniority lists and promotions at various levels, prompting an extensive investigation.
Upon examination of the issue, the Finance Department, through U.O No. FD-Code/134/2021-03-1142, dated 18.12.2023, advised that teachers who have acquired higher qualifications through regular mode without the sanction of study leave should face disciplinary proceedings along with their Drawing and Disbursing Officers (DDOs). The matter was further examined by the General Administration Department (GAD), which sought legal advice from the Department of Law, Justice & Parliamentary Affairs. As per Rule 72 of the Jammu and Kashmir Civil Services (Leave) Rules, 1972, the Administrative Department alone is competent to sanction study leave. Any breach of standing orders or service rules constitutes misconduct, warranting disciplinary action.
Legal precedents further support this position. In Rabindra Nath Barman vs. Gauhati High Court (2012), the court upheld that obtaining a law degree without authorization constituted misconduct and led to disciplinary action. Similarly, in Nongmaithem Rejan Singh vs. State of Manipur (2013), it was ruled that an unauthorized degree could not be used for career advancement, as it encouraged misconduct.
Based on these findings, the Jammu and Kashmir Government has issued a comprehensive order under Government Order No. 264-JK (Edu) of 2025, dated April 3, 2025, prescribing specific measures.
Employees who completed regular classwork before joining government service but appeared for final exams after entering service will have their cases reviewed by the committee formed under Government Order No. 188-JK (Edu) of 2024, dated March 15, 2024. The committee will recommend their eligibility for seniority and promotion.
Employees who began their higher education before joining service but completed their degrees after entering government employment will have their study period marked as Dies-Non. Recovery of salaries for that period will be enforced on a case-to-case basis by concerned DDOs.
Employees who pursued and completed higher education during service without drawing salaries during that period will also have their study period marked as Dies-Non. Additionally, they will face the penalty of withholding two annual increments under Rule 30 of the J&K CCA Rules, 1956, and will be excluded from seniority lists.
Employees who pursued and completed higher education during service while drawing salaries will have their study period treated as Dies-Non. They will also face the penalty of withholding two annual increments, and salary recovery will be initiated by the respective DDOs in consultation with departmental authorities. These employees will be permanently excluded from seniority lists.
Moreover, the government has directed that seniority for eligible employees will be reckoned from the date of acquiring higher qualifications, ensuring transparency in promotions. To prevent similar cases in the future, amendments will be made in the J&K Government Employees Conduct Rules, 1971, or other applicable regulations, ensuring strict compliance with service rules.
This firm action by the government underscores its commitment to maintaining discipline and integrity within the education sector. The School Education Department has been directed to take immediate steps to enforce these measures, ensuring that violations of service rules do not undermine the merit-based promotion system in the state.