STATE OF TRIPURA Vs. ATANU SINHA

JUDGEMENT

(1.) Dr. Atanu Sinha, the Respondent herein, had been working as Doctor serving in the State of Tripura as Medical Officer. While he was so functioning, there was an offer of undergoing Diploma Course known as Graduate Diploma Course in Opthalmology in the Regional Institute of Opthalmology, Gauhati Medical College, Guwahati, for the Session 1986-87. When the Government issued a notification calling for applications from eligible candidates, the Respondent also presented an application as one of the candidates for a seat reserved for in- service person. He was selected for the said course. According to the conditions of selection, one had to apply for leave to complete the course of study which is for a period of ten months sixteen days. Thus, he had applied for study leave for ten months and sixteen days with effect from 16.3.87 to 31.1.88. On the completion of the study course, the Petitioner/ Respondent rejoined his duty at the G.B. Hospital, Agartala on 1.2.88.

(2.) Thereafter, the Respondent/Petitioner approached the authorities of the State Government praying that his leave period of study may be considered as on duty. The State Government rejected that claim. He, thereafter, presented Civil Rule No. 155/89 before this Court invoking the provisions of Article 226 of the Constitution of India seeking for a writ of mandamus by way of direction to the Appellants that the leave period of ten months and sixteen days may be treated as on duty.

(3.) The learned Single Judge after hearing the learned counsel on both sides, by an order made on 29th July, 1993, allowed the writ petition and issued a direction to treat the Petitioner/Respondent as on duty during the completion of his course of DCMS in the Regional Institute of Opthalmology, Gauhati Medical College, Guwahati, and a further direction came to be issued that the writ Petitioner shall be entitled to the full salary from 16.3.87 to 31.1.88 after deducting the part of the salary already paid during this period. This direction was directed to be implemented within a period of three months from the date of the order.