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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
G.S. SANDHAWALIA, C.J., RANJAN SHARMA
Pankaj Chandel – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
G.S. Sandhawalia, C.J.
The present Letters Patent Appeal seeks consideration of order dated 07.01.2025, passed by the learned Single Judge, whereby Civil Writ Petition No. 15236 of 2024 was dismissed, the prayer of the writ petitioner-appellant herein for grant of study leave was rejected and the order dated 09.12.2024 (Annexure P-15) passed by the Special Secretary (Health) to the Government of Himachal Pradesh was upheld.
2. The learned Single Judge was of the considered opinion that the claim as such for a period of three years for undertaking super specialty course, i.e. fellowship programme in Abdominal Organ Transplantation from IKDRC-ITS Ahmedabad, Gujarat, would be governed by the Central Civil Services (Leave) Rules, 1972 (for short ‘the CCS Rules’) but there was no reference made to the relevant provisions of the Rules as such. In these circumstances, the learned Single Judge came to the conclusion that there was no such provision which mandates the respondents to grant study leave in favour of the petitioner and notification dated 07.08.2024 (Annexure P-16) relied upon by the petitioner, concerned the emoluments payable to an employee, who had been granted study
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.
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.
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 decision to grant study leave to government servants is not a matter of right and must be considered in light of the exigencies of public service, as per Rule 50 of the Central Civil Services (Le....
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 denial of study leave to a medical officer during a pandemic is justified when based on expert assessments of public service needs, and such decisions are not subject to judicial review unless pr....
The authority's decision to deny study leave based on previous usage and potential adverse impact on public healthcare services is valid and not discriminatory.
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