NARENDRAKUMAR NARSINHBHAI VANKAR Vs. MEDICINAL & AROMATIC PLANTS

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to sanction the study leave to the petitioners as per Rule 3 of the Study Leave Rules, 1963 (hereinafter called as 'the Rules 1963') as granted to the similarly situated employes. The petitioners have also claimed that they are entitled for the benefit in terms of order dated 29.05.2003 passed by this Court in CWP No.2121 of 1995 as well as order dated 24.09.2007 passed by this Court in CWP No.4239 of 2006 along with all consequential benefits.

(2.) Briefly, the facts of the case as made out in the present writ petition are that all the petitioners were selected as A.N.Ms. and subsequently, designated as Multipurpose Health Workers (Female) on the basis of recommendation made by the Departmental Selection Committee constituted by the State Government. On completion of five years of regular service, all the petitioners were selected and deputed to undergo training for 'A' Grade Nursing Course by the Department of Health and Family Welfare, Punjab. As per Rules 3 and 5 of the Rules 1963 as given in Appendix 20 of the Punjab Civil Services Rules Volume-I, Part-II, it has been provided that the study leave for the maximum period of 24 months can be granted to a Government employee during the entire service to enable him/her to undergo in or out of India, special course of study consisting of higher studies, specialised training in a professional and technical subject having a direct and close connection with the sphere of his or her duties. As per aforesaid Rules, the employee is entitled for 12 months at anyone time and 24 months (inclusive of study leave granted under any other rules) in or during the entire service. The petitioners were deputed for 'A' Grade Nursing Course. They were allowed earned leave/half pay leave/extraordinary leave for the period of their training. A condition was put while granting leave by considering the same as extraordinary leave without pay/half pay leave/leave of the kind due for the period of training.

(3.) The grievance of the petitioners in the present writ petition is that they are entitled to study leave for the period of 'A' Grade Nursing Course undergone by them, as granted to other similarly situated counterparts, by the State Government vide order dated 21.03.2002 subject to approval of the Finance Department and thereafter, clarification issued vide order dated 19.09.2002.