ASHOK KUMAR GAUR
Himmat Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The instant writ petition has been filed by the petitioners challenging the order dated 25.08.2015, whereby the respondents have rejected the application of the petitioners for grant of study leave for pursuing General Nursing and Midwifery (GNM) Course, as the petitioners belong to Class-IV cadre.
2. The petitioners have further sought a direction to sanction them two years study leave and give all the monetary and consequential benefits claimed as per Rule 112 (1) of the Rajasthan Service Rules, 1951.
3. Learned counsel for the petitioner submitted that all the three petitioners were initially appointed on the post of Class-IV employee in Medical and Health Department and they participated in the selection process for GNM Course in the year 2014-15 and further all the petitioners were allotted their respective centres for training course.
4. Learned counsel for the petitioners submitted that the petitioners were relieved by the Controlling Authority for Training Course and as such the petitioners while undergoing the course, filed applications for grant of study leave. The petitioners have placed on record the orders issued by the Chief Medical & Health Officer, Bharatpur da
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....
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....
'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 main legal point established in the judgment is that the grant of study leave is subject to the authority's discretion and must be of definite advantage from the point of view of public interest,....
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.
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