JUDGMENT :

Sanjeev Kumar, J.

1. The respondent-Dr. Javed Iqbal was appointed as Medical Officer vide Government Order No. 335-HME of 2010, dated 17.06.2010. After rendering almost four years of service as Medical Officer, the respondent approached Director Health Services, Jammu, for permission to undergo higher studies (DNB) Course in LRS Institute of Respiratory Medicine, New Delhi with effect from 26.06.2014 to 25.06.2017. The request of the respondent was processed and the Administrative Department through its under-Secretary vide Communication No. HD/Gaz/Gen/116/2014, dated 24.06.2014 conveyed NOC in favour of the respondent to join the said course in LRS Institute of Respiratory Medicine, New Delhi, [the Institute]. The respondent was relieved to undergo the said course at New Delhi. After completion of the course, the respondent re-joined on duty with effect from 07.07.2017 before the Director Health Services, Jammu. The matter with regard to settlement of period spent by the respondent in the Institute while pursuing his DNB course, was referred by the Director Health Services, Jammu to the Administrative Department for instructions. The Administrative Department vide its communication no. HD/GAZ/GAN/116/2014, dated 16.01.2019 conveyed the approval of the Administrative Department to settle the period of absence of respondent with effect from 26.06.2014 to 25.06.2017 as leave whatever kind due except study leave strictly as per the leave account of the respondent. It was further provided that any shortfall in the leave standing in the account of the respondent shall be met by treating the said period as dies non. The Director Health Services, Jammu was also asked by the Administrative Department to warn the respondent not to leave his place of posting for any occasion in future un-authorizedly.

2. Feeling aggrieved of the communication dated 16.01.2019 and subsequent communication dated 18.11.2019 issued by the Administrative Department, the respondent filed OA No. 61/528/2020 before the Central Administrative Tribunal, Jammu Bench ["The Tribunal" hereafter], seeking inter-alia quashment of the two communications of the Administrative Department referred to above. The respondent also prayed for direction to the writ petitioners herein to treat the period with effect from 26.06.2014 to 25.06.2017 as on deputation and grant him all service benefits accruing therefrom.

3. The Original Application was contested by the Writ Petitioners. The factual position, as narrated by the respondent in his OA, was not refuted. However, it was averred that the issue of deputation of the Doctors undergoing higher study courses, was re-considered and it was found that Article 44-F of the Civil Service Regulations Part-I had, in the past, been misinterpreted to the benefit of some Government employees and, therefore, the Government servants, who would undergo higher study courses for their own benefit, were not entitled to be treated on deputation and even to the study leave. The Tribunal considered the OA in the light of the rival contentions urged by learned counsel for both the parties and concluded that both the impugned communications were not sustainable in law for more than one reason. The Tribunal opined that the respondent had been discriminated by the writ petitioners by denying him the relief as was given by them repeatedly to various similarly situated Doctors. The Tribunal also held that the Administrative Department had granted approval for issuance of NOC in favour of the respondent for undergoing the Course in question and, therefore, the respondent could not be treated as an employee on un-authorized absence during the period he underwent the DNB course in the Institute at New Delhi. Lastly the Tribunal concluded that the treatment to the period granted by the writ petitioners, including treating the short fall as dise non, had adversely affected the respondent and, therefore, such order could not have been passed in violation