ANITA MALIK Vs. A I I M S

JUDGEMENT

(1.) Issue Rule. Mr. Mukul Gupta, learned counsel waives notice of Rule. With consent of counsel for parties, the matter was heard for disposal.

(2.) The petitioner in these proceedings was appointed as Sister Nursing Grade-II on 25.8.1994 by the All India Institute of Medical Sciences (hereafter called "AIIMS"). She was regularised to the post on 29.2.1996. Apparently, she had sought for study leave in order to pursue B.Sc. (Post Certificate Course) on 17.4.2000. The request was however turned down by the AIIMS on 26.4.2000 on the ground that she was ineligible in terms of Rule 50 of the Fundamental and Supplementary Rule (FRSR) applicable to the employer. Two years later, the petitioner again applied for grant of study leave for joining the same course on 20.3.2002. This application was again turned down on 3.5.2002. The AIIMS however indicated that if she sought for extra-ordinary leave without pay, the request would be considered.

(3.) The communication was apparently acted upon, and the petitioner wrote to the AIIMS on 29.7.2002 seeking that class of leave. However, in the application, the petitioner also reserved her liberty to raise all legal contentions and pursue the remedies available in law. The petitioner appears to have represented for conversion of the extra-ordinary leave which was granted, into the study leave on category various dates, between 3rd December, 2002 and January 2004