DEEPIKA MOTWANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for following reliefs : &nbsp&nbsp&nbsp&nbsp&nbsp" It is, therefore, most respectfully prayed that this writ petition may kindly be allowed with costs and by issuance of an appropriate writ, order or direction the respondents may please be directed to regularise the period of study leave and complete the service book. It is further prayed that the payment of study leave and the period as teacher grade-III for 11 days may kindly be directed to be made to the petitioner. It is further prayed that the service book may kindly be directed to be sent to the school where the petitioner is serving after making all the relevant entries. "

(2.) THE case of the petitioner is that she was initially appointed as Laboratory Assistant in accordance with Rule 20 of the Rajasthan Educational Subordinate Service Rules, 1971 (hereinafter as "the Rules of 1971") and in pursuance of the order dated 27. 12. 1991, she joined her duties at Govt. Girls Secondary School, Jaliya-II in February, 1992. As per the petitioner her probation period was completed in the month of February, 1994 and after completion of probation period, the petitioner applied for doing B. Ed. course and she was granted permission to acquire the said course on her own expenses vide letter dated 16. 9. 1994. THE case of the petitioner is that after reliving from the School, the petitioner acquired the course of B. Ed. for the period commencing from 22. 9. 1994 to 4. 5. 1995 from Haribhau Upadhyay Women Education College, Hatundi, Ajmer. THE petitioner has placed on record the reliving order after completing the B. Ed. course from the institute. As per petitioner, a request was made to the school authorities to take up the matter for early settlement of her study leave so that her regular increments of pay can be settled. THErefore, the Principal of School sent a communication to the District Education Officer (Girls) Ajmer. But her matter was not finalized and at last upon repeated requests made by the petitioner, the matter was sent to the Office of Director, Primary & Secondary Education, Bikaner. From where, a communication was sent on 11. 1. 1998 to the District Education Officer (Girls), Ajmer in which certain informations were sought for regularizing and grant of study leave. THEreafter, the claim of the petitioner for grant of study leave was rejected and the said order of rejection was communicated to the petitioner vide Annexure-12 dated 16. 9. 2004.

(3.) UPON perusal of the aforesaid rule, it is clear that for grant of study leave, there is a mandatory requirement that the employee has to complete three years of continuous service. Although it is provided that this benefit of grant of study leave is available to the temporary government servant also but there are certain other conditions namely completion of three years of continuous service and higher study is certified to be in public interest. Both these necessary ingredients for grant of study leave are absent in this case. Admittedly without any sanction or permission of study leave, the petitioner left the services and acquired the qualification although she was relieved but it was upon her request and she was knowing at the time of relieving and taking admission that there is no sanctioned leave in her favour for grant of study leave, so also, there is no permission from the department for acquiring B. Ed. qualification in her favour granted by the respondents. Therefore, in my opinion, the order Annexure-12 is perfectly in consonance with the provisions of Rajasthan Service Rules, therefore, the petitioner is not entitled for any relief.