(A.H. Joshi, J.)

1. Rule. Rule made returnable forthwith and taken up for final disposal with the consent of learned APP.

2. This is a letter petition. The petitioner is a convict. He claims that he has been designated as a night watchman in the jail.

3. Petitioner was released on furlough for 30 days, and he has returned on 7.2.2012. Thereafter, on 6.3.2012, the petitioner has applied for parole on the ground that health of his daughter Sangita is unwell and special attention to her is needed.

4. Petitioner has relied upon a medical certificate, which is dated 10.4.2012 and is issued by Dr.Mrs.Deoyani Deshpande, M.B.B.S., D.A., of Aurangabad.. The text of certificate reads as follows:-

"This is to certify that Smt.Sangita w/o Dulersingh Jarhade is suffering from severe Icterus and Anaemia. Her husband should be with his wife for the care of her at least one month starting from today.

Sd/Dr.

DeoyaniDeshpande"

5. The petitioner's request for parole has been rejected by order dated 29 / 31st May, 2012 on the ground that as per standing orders issued by the Government, the parole cannot be within one year from the date of release on furlough except on the ground of death of a near relative.

6. The petitioner claims that he should be granted parole alike a "leave" as a matter of right as available to Government servants.

7. In order to substantiate his claim as a right, the petitioner claims parity with that of the Government servants who avail casual and/or earned leave.

8. We have seriously examined the contents of the petition.

9. Normally in case of a prisoner, who craves to enforce his legal right and wants to do this by filing a letter petition, this Court often appoints an Advocate to assist the Court to have the prisoner's case ably represented. In present letter petition, the petitioner is far more ingenious, and probably more than an Advocate. Even an Advocate may not find a point with more ingenuity with which the petitioner has thought and expressed.

10. In this background, we find it appropriate to peruse the petition, consider the contents, analyze those and decide the petition.

11. It is seen that the petitioner desires that a prisoner be treated and be held eligible to avail facilities of leave of absence on par with a Government servant.

12. This aspect is required to be dealt for enabling the petitioner to know where he stands. To have the comparison at hand, we analyze and compare the description and points as follows:

Government / public servant Prisoner

1 He enters into job upon undergoing He enters the prison having

recruitment procedure, the committed offence and

selection and based on statutory being convicted.

contract according to the rules.

2 Puts in service and earns rightfor He is accorded concession of

leave or becomes entitled for furlough / parole upon

medical leave as per rules. fulfillment of conditions

prescribedby the rules. Furlough

and parole are concessions rather

than a right.

3 Avails leave of casual absence, No such eventuality exists,

which in fact is a leave for absence as the prisoner is aninmate

for the reasons beyond his control, of jail.

which is known in common

parlance as casualleave.

4 Medical leave is a concession No such thing applies

available as per rules. to a prisoner as he gets

medical treatment while

beingin confinement.

5 There is nothing like parole Furlough is a special concession

or furlough applicable to free men. made available to the

prisoner to meet his family

member while parole is for

meeting a contingency such

as death or grave sickness

of near relative. These

concessions are granted upon

exercise of powers by the

authorities prescribed andas

per rules.

6 His liberty of movement is Liberty of movement is

not limited and confined to jail confined only within jail

premises like a prisoner. premises and subject to

rules and he is not comparable

with civilians whoare not convicts.

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