LOKESH AHIRWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner herein seeks to challenge the constitutional validity of clause (i) of sub-rule (5) of Rule 42 of the Chhattisgarh Civil Services (Leave) Rules, 2010 (for short, 'the Rules of 2010'), which provides entitlement for availing Study leave to a regular Government servant.

(2.) The aforesaid challenge has been made on the following factual backdrop: -

(3.) The petitioner was appointed as Teacher Agriculture by order dtd. 17/8/2021 by the Divisional Joint Director, Education Division, Raipur. Immediately thereafter, he applied for Study leave under Rule 42(5)(i) of the Rules of 2010, as prior to his appointment on the said post he was undergoing Ph.D. course, which was not decided by the competent authority leading to filing of W.P.(S)No.992/2022 in which this Court directed the competent authority to consider and dispose of his application and ultimately, by order dtd. 7/3/2022, the competent authority rejected his application relying upon sub-rule (5)(i) of Rule 42 of the Rules of 2010 holding that the petitioner is still undergoing probation and not completed five years of service as a regular Government servant against which, again, he filed W.P.(S) No.1750/2022 which was dismissed by order dtd. 15/3/2022 relying upon sub-rule (5)(i) of Rule 42 of the Rules of 2010. The writ appeal filed against order dtd. 15/3/2022 suffered same fate and the petitioner remained unsuccessful. Finding no way to avail study leave, he decided to file this writ petition questioning the constitutional validity of sub-rule (5)(i) of Rule 42 of the Rules of 2010 on the ground that the said rule is arbitrary and discriminatory as well as violative of Articles 14, 16 and 21-A of the Constitution of India.