UNION OF INDIA Vs. SAURABH PRASAD

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally with the consent of Mr. Suresh Kumar, the learned counsel for the petitioners UOI and Mr. J. P. Cama, the learned counsel for the respondent.

(2.) The petition is directed against the Order dated 8th December 2008 passed by the Central Administrative Tribunal whereby the Original Application No. 158 of 2008 preferred by the respondent came to be allowed and the Order dated 27th September 2007 passed by the petitioner No. 1 was quashed and set aside.

(3.) The learned counsel for the petitioners has submitted that the respondent, a Group "A" Officer, was posted as Deputy Chief Mechanical Engineer at Mumbai CST, at the relevant time in the year 2006 and was allotted a railway quarter at Badhwar Park, Mumbai. The respondent by his letter dated 14th August 2006 requested the Authorities for Ex-India Leave from 21st August 2006 to 3rd August 2007 for doing Master of Engineering in Logistic Program at Massachusetts Institute of Technology . This was considered and the leave was sanctioned of 120 days average pay, 86 days of half leave and 142 days leave without pay. Hence, the total leave which was sanctioned was 348 days.