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 interest of the working of the Department is provided, it cannot be denied to the Government Servant.

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 dated 25.02.2015, requesting the Additional Director (Administration) Medical & Health Services, Jaipur to grant study leave to the petitioners.

5. Learned counsel for the petitioners submitted that by impugned order dated 25.08.2015, the respondents came to the conclusion that since the petitioners are working in the cadre of Class-IV and as such they cannot be granted the benefit of study leave for pursuing GNM Course.

6. Learned counsel for the petitioners submitted that the respondents have adopted discriminatory attitude towards the petitioners, as other similarly situated Class-IV employee were granted the benefit of study leave and as such example of one person - Mukesh Chand has been placed on record by filing an order dated 02.04.2012.

7. Learned counsel for the petitioner has made following submissions:-

1. The order dated 25.08.2015 passed by the respondents is arbitrary, illegal and discriminatory order.

2. The impugned order has been passed by ignoring the requirement, as has been prescribed in Rule 112 of RSR Rules, as the grant of study leave to the petitioners is in the interest of working of the Department and as such the knowledge, which has been acquired by the petitioners will ultimately be useful for all Department including the Department concerned.

3. The petitioners after rendering 6 years of service, if decided to acquire higher qualification, then the very purpose of grant of study leave is frustrated by the respondents.

4. Learned counsel submitted that there are other similarly situated employees, who have been granted benefit and as such the similar treatment ought to have been given by the respondents to the petitioners.

8. Learned counsel for the petitioners has placed reliance on a judgment passed by this Court in S.B.Civil Writ Petition No.9331/2020 (Dr. Sheikh Mohmmad Afzal & Ors. Vs. State of Rajasthan & Ors.) decided vide order dated 23.02.2021.

9. Learned counsel on the strength of the said judgment submitted that the higher qualification, if acquired by a Government Servant and his acquiring of such qualification or pursuing the course is in the interest of the working of the Government, the employer cannot deny benefit of study leave to such employees.

10. Per contra learned counsel appearing for the respondents - Mr.Harshal Tholia submitted that reply to the writ petition has been filed by the respondents.

11. Learned counsel on the basis of the reply filed by the respondents submitted that the petitioners are working on the post of Class-IV employees and the study leave, which has been claimed by the petitioners cannot be given to them for pursuing GNM Course, as the regular cadre of the petitioners is from Class-IV employee to Ministerial Cadre for the purpose of promotion.

12. Learned counsel submitted that acquiring of q