The denial of a No Objection Certificate for educational purposes based solely on an employee's financial liabilities is unlawful and violates service rules acknowledging the right to pursue higher studies.

JUDGMENT :

MURALEE KRISHNA S., J.

1. The respondents in O.A.No.421 of 2024 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram (the ‘Tribunal’ for short) filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging Ext.P3 order dated 06.06.2024 passed by the Tribunal in that original application.

2. Going by the averments in the original application, the respondent is presently working as an office attendant at Primary Health Centre, Bharathannur in Thiruvananthapuram District. He entered service as a Peon on 14.02.2005, and his probation in the cadre of Peon was declared by Annexure A1 order dated 06.02.2007, with effect from 14.02.2006. Now he wants to study an engineering course to get a higher job in future. Hence, he submitted a representation dated 19.10.2023 before the Director of Health Services with a request to grant a No Objection Certificate (‘NOC’ for short) to join Higher studies. Though he had submitted his representation for NOC for joining higher studies on 19.10.2023, the same was not considered in time. The District Medical Officer, Thiruvananthapuram, informed the Medical Officer in Charge of Family Health Centre, Peringammala, through Letter No. A2-591/2024/DMO dated 14.02.2024 that the respondent had availed loans from Co-operative Societies, and the same is in arrears, and hence NOC for joining higher studies can be granted only after clearing the loan amount. There are no Government liabilities pending against the respondent. His application has been rejected contrary to the provisions in Appendix XII of Part I KSR. Denial of NOC for joining higher studies is illegal, unjust and discriminatory. Hence, the respondent submitted Annexure A3 representation dated 01.03.2024 and Annexure A4 representation dated 01.03.2024 before the 1^st and 2^nd petitioners, respectively. The same is pending consideration. With these pleadings, the respondent - applicant approached the Tribunal with the original application filed under Section 19 of the Administrative Tribunals Act, 1985, seeking a direction to the petitioners herein to grant NOC to him for joining the B.E Course in AR Engineering College, Alamkulam, Thirunelveli District and to grant LWA for completing his engineering studies in accordance with the provisions in Appendix XII B of Part I KSR.

3. On behalf of the 3^rd petitioner, a reply statement dated 08.04.2024 was filed, opposing the averments in the original application, producing therewith Annexure R3(a) document. Paragraphs 4 to 6 of that reply statement read thus:

“4. It is submitted that the applicant has fulfilled the criterion for LWA for study purpose vide appendix XIIB KSR such as completing the period of probation, officiating in a regular post. But the Medical Officer in charge, Family Health Centre, Peringamala where the applicant has been officiating prior to his transfer to Primary Health Centre, Bharathannoor has informed that the applicant has the following liabilities pending in various financial institutions and service co-operative societies. True copy of statement showing the details of liabilities of the applicant pending in various financial institutions and service co-operative societies issued by the Medical Officer in charge, Family Health Centre, Peringamala is produced herewith and marked as Annexure R3(a). There is a total amount of Rs.57,500/- per month pending against the applicant by way of co-operative recovery.

5. The finance department vide Circular No. 10/98/Fin, dated 09.02.1998 has observed that a large number of employees like the applicant have availed loans from various financial institutions and cooperative soci