Grant of special casual leave for participation in sporting events and tournaments of National or International importance is at the discretion of the employer and cannot be claimed as a matter of right.

ORDER :

JASGURPREET SINGH PURI , J. (Oral)

1. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India with a prayer for issuance of a writ in the nature of certiorari quashing the impugned order dated 23.02.2021 (Annexure .P-1) whereby the application of the petitioner for grant of special casual leave has been rejected by respondent No.2.

2. The learned counsel for the petitioner has submitted that the petitioner is presently working as Warder at District Jail, Bhiwani and during his service he had been an exceptional sportsman and at various events and occasions, he had been presented with awards and certificates for his performance in athletics and other sports activities. His certificates of appreciations and participation in various sports activities have been attached along with the writ petition as Annexures P-5 and P-6. The Government of Haryana in order to encourage the employees to participate in Civil Services Tournaments of National and International importance issued instructions dated 24.10.1990 and provided for grant of 'special casual leave' to its employees for participating in sporting events of National/International importance.

3. The learned counsel for the petitioner submitted that vide Annexure P-3 the petitioner was invited by M/s Virgin Trails Trekking & Expeditions Pvt. Ltd. to climb two Mountains over 8000 Meters including Mt Lhotse & Mt Everest in coming Spring season and, therefore, the petitioner vide Annexure P-4 sought permission to climb up the Everest Mountain/Hill from 04.04.2021 to 10.06.2021. However, vide Annexure P-1 dated 23.02.2021 his permission has been rejected by respondent No.2. The learned counsel has placed reliance upon Annexure P-2 which are instructions issued by the State of Haryana dated 24.10.1990 which provides for grant of special casual leave for participation by Haryana Government Servants in sporting events and tournaments of National or International importance. Vide Clause (v) 'participating in mountaineering expeditions' is also included in the list and, therefore, according to the learned counsel for the petitioner, the petitioner is entitled for the grant of special casual leave in view of the fact that he was invited by an organization for incurring mountaineering expeditions.

4. On the other hand, the learned State counsel while referring to the reply filed by the Inspector General of Prisons submitted that the case of the petitioner was considered in the office of respondent No.2 and as per instructions dated 24.10.1990 (Annexure P-2). The special casual leave is granted to Haryana Government employees for a period of 30 days in a calendar year for participating in Haryana Civil Services Tournaments of National Importance and International Importance only. Therefore, as per instructions, the petitioner is not eligible for grant of special casual leave because the petitioner had received invitation from M/s Virgin Trails Trekking & Expeditions Pvt. Ltd. which is a private trekking operator to participate in the expedition of Mount Everest, Nepal and not a Haryana Civil Services Tournament of National and International importance. Furthermore, there is no such provision in the instructions for grant of special leave to a Government employee for participating in mountaineering expeditions to be organized by a private operator. It has been further stated in the reply that the petitioner is an employee of Prisons Department which is very sensitive department and presence of a jail employee is of utmost necessity for the safety of the prisoners and security of the jails and, therefore, the petitioner cannot claim leave as a matter of right.

5. The petitioner filed replication to the written statement filed by the State. In the replication, the petitioner has submitted that in the past also an employee namely Anita Kundu was granted leave by the Government for her expedition to Mount Everest and her expedition was organized by a pr