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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Lokesh Ahirwar, S/o Shri Anup Chaturvedani – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
Sanjay K. Agrawal, J.
1. The petitioner herein seeks to challenge the constitutional validity of clause (i) of sub-rule (5) of Rule 42 of the Chhattisgarh Civil Services (Leave) Rules, 2010 (for short, ‘the Rules of 2010’), which provides entitlement for availing Study leave to a regular Government servant.
2. The aforesaid challenge has been made on the following factual backdrop: -
3. The petitioner was appointed as Teacher Agriculture by order dated 17-8-2021 by the Divisional Joint Director, Education Division, Raipur. Immediately thereafter, he applied for Study leave under Rule 42(5)(i) of the Rules of 2010, as prior to his appointment on the said post he was undergoing Ph.D. course, which was not decided by the competent authority leading to filing of W.P.(S)No.992/2022 in which this Court directed the competent authority to consider and dispose of his application and ultimately, by order dated 7-3-2022, the competent authority rejected his application relying upon sub-rule (5)(i) of Rule 42 of the Rules of 2010 holding that the petitioner is still undergoing probation and not completed five years of service as a regular Government servant against which, again, he filed
Probationers do not have a right to claim study leave; such leave is at the discretion of the government based on public service exigencies.
The court established that probationers may be granted study leave under extraordinary circumstances, despite general restrictions, and that differential treatment of similarly situated individuals i....
The grant of study leave should be in the interest of the working of the Department or the service to which the Government servant belongs, and once entitlement for grant of study leave in the intere....
The court emphasized that administrative decisions must be reasoned, and the absence of a speaking order invalidates the denial of study leave under the CCS Rules.
Point of Law : Where two interpretations are possible, the Court would ordinarily be reluctant to accept that interpretation which would upset or reverse the long course of action and decision taken ....
'Dies Non' order treating study leave period harshly affects service rights and violates natural justice without hearing; medical officer's higher studies period directed as study leave under 1979 Ru....
Eligibility for study leave under UGC Regulations is restricted to entry-level appointees as Assistant Professors, thereby excluding Associate Professors from such entitlement.
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