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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Pankaj Chandel – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
1. Petitioner’s request for grant of study leave for pursuing fellowship course of Abdominal Organ Transplantation in IKDRC-ITS Ahmedabad, Gujarat has been rejected by the respondents. Aggrieved, the petitioner has instituted this writ petition.
2. Facts:-
(i) Petitioner passed his MBBS course from Dr. Rajendra Prasad Government Medical College & Hospital, Kangra at Tanda in the year 2011. He wasappointed as Medical officer in the respondent-Health Department in June, 2011. His services were regularized as such in the year 2012. Petitioner joined Post Graduate Degree Course in General Surgery in IGMC, Shimla in the year 2015. He completed the said degree course in June, 2018 and thereafter was posted as Medical Officer at Zonal Hospital, Mandi.
(ii) On 17.12.2019, petitioner joined as Senior Resident in IGMC, Shimla. On completion of his residency, he was posted as Medical Officer in Civil Hospital, Sarkaghat, District Mandi. On 21.08.2023, petitioner again joined as Senior Resident (Paediatrics) now in Atal Institute of Medical Super Specialty (AIMSS), Chamiana, Shimla.
(iii) Petitioner was interested in doing super- speciality in Abdominal Organ Transp
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.
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 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....
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.
Probationers do not have a right to claim study leave; such leave is at the discretion of the government based on public service exigencies.
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.
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