STATE OF PUNJAB Vs. SANJAY KUMAR BANSAL

JUDGEMENT

(1.) Leave granted.

(2.) The short question which arises for determination in this case is whether the High Court was right in directing the Administration to grant special leave of five years for self employment to the respondent on the ground of alleged discrimination in grant of such special leave to others and not to the respondent.

(3.) Special leave is not a matter of right vested in the employee. It depends on the administrative exigencies. In the present case the respondent is working as a Medical Officer. He had applied for special leave for three years under the Scheme which is Annexure P-3 collectively in the Special Leave Petition Paper Book. We have gone through Annexure P-3. It merely categorizes employees who are entitled to apply for special leave and those who cannot apply for special leave. Such policy does not confer any right on the applicant to obtain special leave. On facts, the question of striking down the Order of Administration does not arise for the simple reason that in the counter the Administration has stated that shortage of doctors is one of reasons for not granting special leave. In our view these are matters which fall in the category of "administrative exigencies" and this Court cannot sit in Appeal thereon. In the circumstances, the High Court had erred in coming to the conclusion that the Management had erred in refusing the application for want of reasons.