IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 15586 of 2008(E) -------------------------- PETITIONER: ------------ P.CHANDRASEKHARAN, DEPUTY MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, PALODE BRANCH,THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENTS: ------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REGISTERED OFFICE, 'BHADRATHA', THRISSUR-20, REPRESENTED BY ITS MANAGING DIRECTOR. 2. SRI.P.C.PILLAI, MANAGING DIRECTOR, THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REGISTERED OFFICE, 'BKHADRATHA', THRISSUR-20. 3. THE CHAIRMAN, THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REGISTERED OFFICE, 'BHADRATHA', THRISSUR – 20. BY ADV. SRI.E.K.NANDAKUMAR FOR R1 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 SRI.K.JOHN MATHAI FOR R1 SRI.P.BENNY THOMAS FOR R1 SRI.ANIL D. NAIR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------------- W.P.(C) No.15586 of 2008 ---------------------------------------------- Dated 9th June, 2008. J U D G M E N T The petitioner is working as Deputy Manager in the Palode Branch of the first respondent Kerala State Financial Enterprises. The petitioner is a Post Graduate in Physical Oceanography and he obtained the said Post Graduate degree in First Class from the Cochin University of Science and Technology. Subsequently, he passed the combined examination conducted by C.S.I.R. and U.G.C., the pre-qualifying examination for doing research. When the petitioner was working as Deputy Manager in Palode Branch of the first respondent, he applied for part-time research in the Cochin University of Science and Technology. It is pointed out that there is a column in the application form for the registration of part-time research, asking for a no-objection certificate from the employer. Accordingly, the petitioner applied for the same with the first respondent. The said request has now been rejected under Exts.P2 and P3 on the premise that the request cannot be considered as it is not practically possible to conduct the study without it affecting the petitioner's functioning WP(C) NO.15586/08 2 as the Deputy Manager of the Palode Branch. The said stand taken by the first respondent has been challenged in this writ petition. 2. Learned counsel for the petitioner submits that the petitioner only sought for permission from the first respondent to pursue his higher studies after office hours, without it affecting in any manner, the discharge of his functions and duties as the Deputy Manager of a KSFE branch. He refers to the judgment of this court in Ramesh v. Institute of H.R.D. reported in 2000(2) KLT S.N.91 (Case No.97). The same reads as follows :- “What the first respondent can insist is that their employees shall always be in the premises of the first respondent during the office hours or during such other period when their services are required. If they are attending part time course beyond that office hours or working hours necessarily that will not impair the working of the first respondent. In such circumstances limiting issuance of no objection certificate only to four persons is totally arbitrary. Therefore so long as the petitioner is undertaking his higher studies beyond the office hours, the first respondent cannot restrict his right to improve his qualification which will ultimately benefit the first respondent itself.” 3. I heard learned counsel for the petitioner and the learned Standing Counsel for the first respondent. It is true that in given circumstances, the first respondent can refuse permission to an employee to pursue higher studies, if such pursuit affects or would possibly affect the discharge of his duties WP(C) NO.15586/08 3 in the office. But in a case like this, where permission sought for is only for part-time research, the first respondent should have specifically considered whether the pursuit of part-time research by the petitioner will in any manner affect the discharge of his functions as the Deputy Manager of a branch. Petitioner submits that he will come to the Cochin University for research work only on holidays and the pursuit of such studies will not in any manner affect his duties in the office. 4. In the result, the writ petition is disposed of directing the first respondent to reconsider the petitioner's case, in the light of the dictum laid down by this Court in Ramesh's case (supra). Unless the first respondent is of the specific, reasoned opinion that if the petitioner's request is granted, it shall affect his functioning as Deputy Manager of the Palode Branch of the first respondent, the no-objection certificate as sought for should, as far as possible, be granted. Action shall be taken by the first respondent within two weeks from the date of receipt of a copy of the judgment. V.GIRI, JUDGE. tgs V.GIRI, J. ---------------------------------------------- W.P.(C) No.15586 of 2008 ---------------------------------------------- J U D G M E N T Dated 9th June, 2008.