DR. SUDHIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is seeking writ of certiorari for quashing the order dtd. 9/1/2019 (Annexure P-9), whereby the representation/legal notice dtd. 18/8/2018 (Annexure P-7) of the petitioner for grant of a No Objection certificate for pursuing a Post Graduate Medical Science Course as an in-service candidate with full pay with continuity of service has been rejected.

(2.) Counsel for the petitioner refers to the policy dtd. 19/3/2018 (Annexure P-4). As per the above said policy, In-service HCMS/HCDS doctors may appear in any entrance/NEET examination for higher studies. No permission from the State Government will be required for appearing in the post graduation entrance examination. One of the conditions in the said policy is that any in-service HCMS/HCDS doctor who has completed 2 years of regular satisfactory service will be eligible for grant of NOC for pursuing PG Diploma/Degree/DNB courses without pay. However, if granted NOC, this period of study will be treated as extraordinary leave without pay. The service will be protected for the purpose of increments, seniority and pension, if entitled. Such persons will also be entitled to stipend if available in the institution and the third condition is as under:

(3.) The petitioner joined the Government Services as Medical Officer with the ESI Healthcare wing of the Labour Department on 09-09- 2014 on regular basis with the Haryana Public Service Commission vide appointment letter dtd. 30/8/2014 (Annexure P-1). Consequent upon his appointment, the petitioner was posted at ESI Dispensary, Daultabad. However, ESI Dispensary, Daultabad was not having its own building and the same was functioning at ESI Dispensary No.1, Gurugram. The petitioner has completed 4 years of regular satisfactory service and is seeking benefit of condition no.3 of the policy dtd. 19/3/2018 (Annexure P-4) as reproduced above for grant of NOC with full pay as he has done two years rural service at ESI Dispensary at Village Daultabad. Petitioner has remained posted at ESI Dispensary, Daultabad from 9/9/2014 till 11- 10-2017 (3 years 1 month and 3 days) which falls in a rural area. On 12/10/2017, the petitioner was transferred from ESI Dispensary, Daultabad to ESI Dispensary, Rai in District Sonipat. The petitioner appeared in the NEET PG Exam for entrance to a Post Graduate Course in Medical Sciences. As was contemplated in the above said policy dtd. 19/3/2018 (Annexure P-4), the petitioner applied for a No Objection Certificate to the competent authority before the second counseling for the last academic Session. The application of the petitioner for grant of a No Objection Certificate for pursuing a Post Graduate Medical Science Course as an in- service candidate was rejected vide letter dtd. 24/4/2018 (Annexure P-6). Aggrieved by the rejection for grant of a No Objection Certificate for pursuing a post Graduate Medical Science Course as an in-service candidate, the petitioner preferred CWP No.24123 of 2018 before this Court. The said writ petition was disposed of vide order dtd. 20/9/2018 (Annexure P-8) by giving directions to the respondents to look into the representation/legal notice of the petitioner dtd. 18/8/2018 (Annexure P-7) and pass appropriate orders keeping in view the period spent by him in rural areas within a period of three months from the date of receipt of a copy of order. Pursuant to this order, impugned order dtd. 9/1/2019 (Annexure P-9) was passed by respondent, whereby representation/legal notice of the petitioner was rejected on the ground that while remaining posted at Daultabad, he was stationed at Gurugram and during this period, he did not get any Rural Health Allowance and in this backdrop, his service cannot be taken as rural service. The petitioner got transferred from ESI Dispensary, Daultabad to the ESI Dispensary, Rai, District Sonepat and joined there on 12/10/2017. ESI Dispensary, Rai was earlier in rural area but vide letter dtd. 25/6/2018, Municipal Corporation, Sonepat has clarified that Rai falls in urban area. Thus the period from 12/10/2017 to 28/2/2018 (the date when 4 of 11 Review Application No. 203 of 2019 in CM No. 5246 of 2019 in the O/O Municipal Corporation, Sonepat submitted its report) can only be counted for the purpose of calculating rural service rendered by the petitioner which is less than two years. It has been further explained in the impugned order that the building of ESI Dispensary, Daultabad was stationed at ESI Dispensary No.1, Gurugram as the ESI Dispensary, Daultabad was not having its own building at Daultabad. Since the petitioner has not spent even a single day of his service in the rural area i.e Daultabad and moreover as he has been granted house rent allowance while posted at Gurugram, he cannot be granted the benefit of two years of rural service.