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2021 Supreme(SC) 365

INDIRA BANERJEE, V.RAMASUBRAMANIAN
ROHIT KUMAR – Appellant
Versus
SECRETARY OFFICE OF LT. GOVERNOR OF DELHI – Respondent


Advocates appeared:
For the Appellant :Geeta Luthra, Nitin Saluja, Shivani Luthra Lohiya, Swati Singh, Sasha Maria Paul, Advocates
For the Respondent:Aishwarya Bhati, Gurmeet Singh Makkar, Anmol Chandan, Seema Bengani, Shiv Mangal Sharma, B. V. Balaram Das, Sudarshan Rajan, Sumant De, Ramesh Rawat, Mahesh Kumar, Hitain Bajaj, Rohit Bhardwaj, Advocates

JUDGMENT

Indira Banerjee, J.

Leave granted.

2. This appeal has been filed by the Appellant against a final judgment and order dated 12-02-2021 passed by a Division Bench of the Delhi High Court dismissing the appeal, being L.P.A. No.52/2021, of the Appellant against an order dated 02-02-2021 passed by the Single Bench dismissing the writ petition being WP(C) No.499 of 2021 filed by the Appellant.

3. The Appellant, a doctor, who joined service of the Government of National Capital Territory (NCT) of Delhi, on 5th August 2014, is presently posted as Medical Officer of the Emergency and Accidents Department at the Deen Dayal Upadhyay Hospital, New Delhi.

4. The Appellant has duly completed five years of regular and continuous service with the Government of NCT of Delhi and is thus eligible to avail Study Leave to pursue the post graduate course, in accordance with the Directives and Guidelines of the Ministry of Health and Family Welfare, Government of India issued vide O.M.A.12034/0312012-CHS-V dated 2nd November, 2012, the relevant portion whereof, is extracted hereinbelow:

    "1.CHS officer who has satisfactory completed period of probation and has rendered not less than five years regular

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