HITENDRA SINGH YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, the petitioner has prayed to set aside the order dtd. 6/12/2021, (Ann. P-20) and dtd. 27/1/2022, (Ann. P-24), whereby the respondents have disallowed his request to grant 'Study Leave'.

(2.) Shorn of unnecessary details, the relevant facts necessary for adjudication of this matter are that the petitioner after completing his MBBS Course, applied for the post of Demonstrator. By order dtd. 30/5/2013, (Ann. P-3), the petitioner was appointed on temporary basis and on probation on the post of Demonstrator. The petitioner was placed under suspension by order dtd. 26/9/2014, (Ann. P-4). The petitioner was arrested and remained in custody for quite some time. His suspension was revoked only in the month of November 2021.

(3.) Shri Upadhyay, learned counsel for the petitioner by taking this court to the appointment order dtd. 30/5/2013 (Ann. P-3) submits that the petitioner was appointed against a substantive post. Thus, despite the fact that petitioner was a probationer, he was entitled to get leave as per Rule 32 of M.P. Civil Services (Leave) Rules of 1977, (in short 'Leave Rules').