VIJAY KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) ENTRANCE test for the post of Kaya Chikitsa M.D. was held by the Himachal Pradesh University on 6.12.1998. Petitioners sat in the examination and qualified the same and joined M.D. Kaya Chikitsa in Government Ayurvedic College, Paprola on 3.1.1999. Petitioners joined their duties on 5.1.2002 after completion of M.D. course. However, the petitioners were not granted three years study leave on the basis of letter Annexure P -1 dated 22.8.1997. Petitioners made several representations for redressal of their grievance. They were told that on the basis of letter dated 16.6.2009 they are not entitled to get three years leave. In other words, their study leave was restricted to 24 months.

(2.) MR . Dilip Sharma has strenuously argued that the petitioners were entitled to get three years study leave as per letter dated 22.8.1997. He then argued that his clients have altered their position to their detriment on the basis of Annexure P -1 and the respondent -State is estopped from restricting study leave to 24 months instead of 36 months. He further argued that the very basis to deny the study leave of 36 months is fallacious since the petitioners have never claimed themselves to be the employees of Central Health Services. He also contended that clarification Annexure P -8 dated 16.6.2009 shall apply prospectively and will not destroy the vested/accrued rights of the petitioners to get the benefit flowing from Annexure P -1.

(3.) I have heard the learned counsel for the parties and have perused the pleadings carefully.