STATE OF PUNJAB Vs. RAJEEV SARWAL

JUDGEMENT

(1.) In this appeal the short question that arises for consideration is the interpretation and application of Rule 5 of the Study Leave Rules, 1963 framed by the Government of Punjab. The respondent joined the service of the appellant as a Medical Officer and at the time of joining the service he was a medical graduate. The respondent availed of study leave in order to join postgraduate course. After serving the department for some time the respondent applied for admission to D. M. in gastroenterology which is a super specialty subject and the respondent's name was sponsored after obtaining a bond from him. The appellant took the stand that the respondent having availed of 24 months of study leave on an earlier occasion when he obtained postgraduate degree, he is not entitled to any further study leave in terms of Rule 5 of the study Leave Rules. On that basis the appellant wanted to take action against the respondent.

(2.) A writ petition was preferred by the respondent and the High Court allowed the writ petition on the ground that the rules could have been relaxed by the Government to extend the benefit of study leave as has been done in several other cases and similar treatment not having been extended to the respondent, the action proposed to be taken by the appellant is contrary to Article 14 of the Constitution.

(3.) We do not think the approach of the high Court in this matter is justified. The proper course was to interpret the rule and apply the same. We set out the rule hereunder. for proper appreciation.