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JYOTI SINGH
Ranjit Kumar Gupta – Appellant
Versus
Employees State Insurance Corporation – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)--Present writ petition has been filed by the Petitioner seeking the following reliefs:
"i) Issue of writ of mandamus or writ order or direction in nature therefore quashing the impugned decision dated 16.05.2019 passed by Respondent whereby the respondent declined to grant extraordinary leave/study leave to the Petitioner for pursuing DNB Post Graduate Course (Post Diploma) Ophthalmology at Deen Dayal Upadhyaya Hospital, New Delhi and direct the Respondent to sanction the Extraordinary Leave of the Petitioner; and
ii) Pass any other appropriate order or direction in favor of the petitioner and against the respondent, as per facts and circumstances of the case, and in the interests of justice."
2. Petitioner was appointed as a doctor with Respondent/ESIC on 16.09.2009. On 24.07.2015, study leave was sanctioned for two years from 08.06.2015 to 07.06.2017 for Diploma in Ophthalmology at RIMS, Ranchi, Jharkhand. Petitioner executed a three-year service bond of Rs.16,02,624/- on 27.07.2015 for proceeding on study leave. The condition of the bond was that in the event of failure to resume duty or resigning or retiring from service or otherwise quitting servi
The completion of the course rendered the question of extraordinary leave purely academic, leading to the petition being rendered infructuous.
'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....
The court emphasized the importance of considering the peculiar facts and circumstances of the case and directed NBE to grant appropriate extension in accordance with the Leave Rules for DNB/FNB Trai....
Employees are entitled to study leave as per CCS (Leave) Rules if eligibility criteria are met, and the authority cannot arbitrarily deny this entitlement once it has been established.
The right to apply for study leave does not constitute a vested right, and the employer retains discretion to grant or deny such leave based on public service needs.
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