RAMESH KUMAR TANDON Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution seeks issuance of a writ in the nature of certiorari for quashing order dated 18.8.1987 according Ex-Post facto sanction to the grant of extra ordinary leave to the petitioner for doing diploma course at Medical College, Rohtak from 3.3.1984 to 28.2.1985. The claim made by the petitioner in the writ petition is that he is entitled to avail leave of the kind due in lieu of the extra ordinary leave in pursuing the diploma course. Reliance in this regard has been placed on the policy letter dated 8.5.1985 Ex.P3 which permits availing of leave of the kind due rather than taking extra ordinary leave for the duration of the diploma course.

(2.) The stand of the respondent-State in the written statement is that policy letter dated 8.5.1985 permit availing of leave of the kind due is prospective but the petitioner was allowed to pursue the diploma course when the terms and conditions stipulated in the policy letter dated 2.3.1982 Annexe P-2 were in force. Accordingly, the petitioner was issued 'No Objection Certificate' on 20.7.1984 with a stipulation that he would complete the course after obtaining extra ordinary leave. The afore-mentioned 'No Objection Certificate' is also attached with the written statement as Annexe R-1.

(3.) Mr. R.K. Malik, learned counsel for the petitioner has pointed out that a number of persons, who have qualified the diploma course along with the petitioner or earlier to 8.5.1985, have been granted the leave of the kind due rather than forcing them to take extra ordinary leave. According to the learned counsel, extra ordinary leave causes permanent loss to an employee as no benefit including increments for the aforementioned leave period could be earned by him. In case leave of the kind due is availed by an employee who wishes to proceed for study of a diploma course then he would be saved from the loss of service and other benefits. Learned counsel have given the example of Dr. Prithvi Raj Paruthi and Dr. Telu Ram who had passed the diploma course in the year 1979-80. Dr. R.C. Mittal who had passed the diploma course in the year 1975-76 and Dr. K.L. Sachdeva, who had passed the diploma course in the course in the year 1980-81 and argued that all of the above mentioned persons have been given leave of the kind due and none of them was permitted to avail extra-ordinary leave.