MUNMUN CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The issue in this writ petition is whether the petitioner should be entitled to special study leave from 18/8/2021 to 17/8/2003 with full pay or not.

(2.) It is also of significance that the decision of the Governing Body was taken in 2002 prior to the amendments of the relevant Ordinance in 2013. Although St. 41 gives the power to the University for interpreting, in the event, any controversy arising from the provisions of the statute, the Governing Body of the University decided to extend the benefit to the petitioner in 2002 which remained in place for 11 years thereafter until the impugned decision was taken on 6/3/2013. The other factor which is important is that the benefit of study leave for two years with full pay was given to another similarly situated person on 31/7/2014 after the amendment was brought into effect from 12/9/2013. This would mean that the petitioner is being discriminated again since the amendment has been given totally different construction in relation to a similarly placed candidate which has not been extended to the petitioner.

(3.) The respondent shall be restrained from taking any steps pursuant to the decision dtd. 6/3/2013 in the matter of recovery of any amount from the petitioner or otherwise or any other manner whatsoever.