Court Orders Immediate Issuance of Secondment Leave for Radiologist - 2024-06-25

# Court Orders Immediate Issuance of Secondment Leave for Radiologist

Background

The case involves a dispute between a radiologist, Dr. Raja Vijayaraghavan , and the Sree Chitra Tirunal Institute of Medical Sciences and Technology (the Institute) in Thiruvananthapuram, Kerala. Dr. Vijayaraghavan , a professor at the Institute, had applied for a one-year secondment leave to work as a consultant at a hospital in the United Kingdom. The Governing Body of the Institute had approved the leave, but the Institute's Director (the 3rd respondent) was delaying the issuance of the formal order granting the leave.

Arguments

Dr. Vijayaraghavan argued that the delay in issuing the leave order was causing him significant financial loss and career setback, as he had to join the UK hospital within a short timeframe. He contended that the Director had no authority to impose additional conditions on the leave, as the Governing Body had already approved it in accordance with the Institute's rules and regulations.

The Institute's counsel, on the other hand, claimed that the delay was due to the petitioner's failure to provide necessary documents, and that the Director needed to obtain fresh approval from the Governing Body to grant the leave for a new period.

Court's Analysis and Reasoning

The court noted that the Governing Body, as the competent authority, had granted the secondment leave to Dr. Vijayaraghavan in accordance with the Institute's rules and regulations. The court held that the Director was bound to implement the Governing Body's decision and issue the leave order without any additional conditions.

The court also relied on the Supreme Court's judgment in Deoraj v. State of Maharashtra , which recognized that there could be exceptional cases where withholding interim relief would effectively dismiss the main petition, even if the petitioner had a strong prima facie case. The court found that this was such a case, as denying the interim relief would have rendered Dr. Vijayaraghavan 's petition infructuous and caused him significant financial and career-related harm.

Decision

The court quashed the Central Administrative Tribunal's order that had rejected Dr. Vijayaraghavan 's request for interim relief. The court directed the Institute's Director to immediately issue the order granting secondment leave to Dr. Vijayaraghavan in accordance with the Governing Body's decision.

This judgment underscores the importance of public authorities faithfully implementing the decisions of their competent governing bodies, and the courts' willingness to intervene to prevent manifest injustice, even at the interim stage.