STATE OF RAJASTHAN Vs. SHEIKH MOHMMAD AFZAL

JUDGEMENT

(1.) The instant appeal has been filed by the State against the order impugned dtd. 23/2/2021, passed by the learned Single Judge, whereby the petition preferred by the respondents herein, was allowed.

(2.) Concisely noted, the factual narrative of the instant appeal dictates as under:-

(3.) In this factual background, learned counsel for the appellantState has submitted that the order impugned dtd. 23/2/2021 is passed in contravention to the settled position of law and the rules framed in connection therewith. Therefore, it deserves to be quashed and set aside. In support of the said claim, learned counsel relied upon Rule 59 and 112 of the Rajasthan Service Rules, 1951 (hereinafter, Rules of 1951) and submitted that a government servant cannot claim a 'study leave ' as a matter of right. The discretion to grant 'study leave ' is reserved with the sanctioning authorities. Furthermore, it was averred that prior to the grant of a 'study leave ', the sanctioning authority is duty bound to assess and satisfy itself that the concerned course/training, against which the leave is sought, is necessary in the public interest for the working of the department/service in which the applicant is engaged/employed. Lastly, whilst bracing the averments made herein-above, reliance was placed upon the dictum of the Hon 'ble Apex Court as enunciated in Union of India vs. IM Havildar/Clerk SC Bagari reported in (1999) 3 SCC 709 as well as the judgment of the Division Bench of this Court as rendered in D.B. Special Appeal (Writ) No. 911/2020 titled as State of Rajasthan & Ors. vs. Dr. Kamaldeep Khatri.