The main legal point established is that government servants relieved for training or courses are entitled to salary and allowances as per Regulation 44-A of the Civil Service Regulations, and denial of the same violates the regulation and constitutional provisions.

B.S. Walia, J.

1. Pursuant to selection by the Jammu & Kashmir Public Service Commission, the petitioner, vide order Annexure-A dated 04.07.2007 was appointed as Assistant Surgeon under the J & K Medical (Gazetted) Service Rules, 1970. Advertisement, Annexure-B dated 16.02.2010 was issued by the Board of Professional Entrance Examination (hereinafter referred to as 'BOPEE') inviting applications amongst, others, from in-service doctors for admission to M.D./M.S./P.G. Diploma Courses in various Medical Colleges of J & K State through the concerned Director Health Services. In response thereto, the petitioner submitted application as in-service candidate for selection and admission to the PG course. Eventually, the petitioner was selected by BOPEE for admission to PG Medical Course i.e. MD Medicine at the Acharya Shri Chander College of Medical Science, Sidhra, Jammu.

2. That at the time of admission to MD Medicine Course, Acharya Shri Chander College of Medical Science, Sidhra, Jammu, the petitioner was serving as Demonstrator in the Department of Bio Chemistry, Govt. Medical College, Jammu. On selection, the petitioner was initially relieved by the Principal Govt. Medical College, Jammu and subsequently by the Director Health Services, Jammu, vide reliving order Annexure-D on 21.05.2010 to enable him to report to the Director Admission ASCOMS Sidhra.

3. That on non release of salary for a considerable period of time, the petitioner vide Annexure-E dated 15.03.2012 represented to respondent No. 1 for release of pay and allowances attached to the post of Assistant Surgeon, which he was receiving prior to admission to the PG course for the duration of the course on account of having been allowed to undergo PG Medical Course as an in-service candidate. Instead of releasing salary and allowances, respondent No. 1 passed Govt. Order No. 382-HME of 2012, dated 30.05.2012 Annexure-F, sanctioning grant of Study Leave without pay and allowances in terms of SRO 122 of 2000 for undergoing P.G. course in the discipline of Medicine in ASCOMS Sidhra w.e.f. 21.05.2010 for three years without any financial commitment to the State Government. Accordingly, in view of Annexure-F i.e. Govt. Order No. 382-HME of 2012, dated 30.05.2012, the petitioner was not released pay and allowances as claimed by him.

4. That in the aforementioned background, instant writ petition has been filed seeking the issuance of a writ of Certiorari for quashing Annexure-F i.e. Govt. Order No. 382-HME of 2012, dated 30.05.2012 to the extent the same treats the period of three years of PG course completed by the petitioner in the discipline of MD, Medicine as Study Leave without pay and allowances on the ground that the same is in violation of Regulation 44-A of the Civil Service Regulations as also for the issuance of a writ of Mandamus for commanding the respondents to pay salary to the petitioner along with allowances for the period 21.05.2010 to 31.05.2013 of the post of Assistant Surgeon.

5. Aforementioned prayers have been made in the background of the petitioner having been deputed by the State of J & K to undergo PG Medical Course as an in-service candidates as Assistant Surgeon therefore, case being covered by Regulation 44-A of the CSR. Regulation 44-A of the CSR is reproduced hereunder:-

"44-A. [Unless otherwise provided for in these rules Government servants deputed to receive training in the Training Schools, Colleges, Institutions with in the State shall during the period of such training be entitled to receive their pay/presumptive pay which they would have drawn but for their deputation to such training. No substitute appointments/promotions shall be made in place of the officer/officials deputed for such trainings]."

6. It is contended that in view of the clear mandate of Regulation 44-A and the petitioner having been relieved vide order Annexure-D to undergo MD Course in the discipline of Medicine from ASCOMS, order Annexure-F dated 30.05.2012 to the e