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2019 Supreme(J&K) 440

RAJESH BINDAL
Raj Kumar Chalotra – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anuj Dewan Raina
For the Respondent: Vishal Bharti, Dy. AG

ORDER :

RAJESH BINDAL, J.

1. The petitioner has approached this Court, impugning the Government Order No. 107-Works of 2003 dated 29th August, 2003, whereby period from 10th August, 2000 to 12th February, 2002 was treated as absence from service; as study leave (without pay and allowances).

2. Learned counsel for the petitioner submitted that the petitioner was appointed as Sectional Officer in Public Health Engineering Department on 22nd March, 1978. Later on the post of Sectional Officer was re-designated as Junior Engineer Grade-II on 29th October, 1987. The Government of India proposed a scheme for post-graduate specialization courses for inservice Engineers with graduate degrees. For that purpose, twelve academic institutions were recognized. The departments were requested to nominate suitable candidates to undergo the post-graduate course vide Communication dated 14th January, 2000. The petitioner being a graduate was nominated for the PG Course by the Chief Engineer of the department. The proposal clearly mentioned that the petitioner, who was the sponsored candidate to undergo the postgraduate course, will continue to draw his normal monthly salary and allowances as per the ru

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