IMPORTANT POINT
The restriction of five years of completed service applies to both initial and extra study leave, as per Rule 146 A (2) and Rule 146 A (3) of Chapter XI A of the Financial Hand Book.

JUDGMENT :

1. Heard.

2. Present petition has been preferred for quashing of the impugned order dated 30.01.2024 passed by the respondent no. 2-Director Ayurvedic Services, U.P., Lucknow whereby the application for grant of study leave for a period of 12 months for pursuing P.G. Course has been rejected and with a further prayer to direct the respondents to grant the petitioner study leave of 12 months in accordance with the provisions laid down in Chapter XI A of the Financial Hand Book.

3. Learned counsel for the petitioner has submitted that petitioner was selected and appointed vide appointment letter dated 01.09.2023 on the post of Medical Officer, Community Health Center (Ayurvedic and Unani), Ayush Department, Govt of U.P..

4. It is further submitted that at the time of appointment of the petitioner, she was in the midst of her P.G. Course and to complete the same, she had moved an application for grant of study leave as provided under Part III of Financial Hand Book Volume II Part II to III.

5. The said application of the petitioner has been rejected by the respondent no. 2 by placing reliance on Rule 146 A (2) on the ground that the petitioner has less than five years of service and as the petitioner is on probation for a period of two years from the date of her joining.

6. It is further contended that the application of the petitioner has been rejected by the respondent no. 2 by wrongly placing reliance on the provision which is not applicable as far as it is related to the grant of extra leave. The case of the petitioner is covered under Rule 146 A (3) which deals with study leave and the said provision does not provide any such restriction that a Government Servant of less than five years of services is not entitled for the study leave.

7. On the other hand, learned Standing Counsel has submitted that the petitioner since the date of appointment/joining is on two years probation period during which the leave cannot be granted and there is no illegality in the impugned order passed by the respondent no. 2.

8. After hearing learned counsel for the parties and going through the record of the case, the position which emerges out in the present case is that under Part III, Chapter XI A comes and these are ancillary Rules made by the Governor while exercising its power under Rule 84 of the U.P. Fundamental Rules. For convenience Rule 84 is quoted hereinbelow:-

"84. Leave may be granted to Government servants, on such terms as the Governor may by rule or order prescribe, to enable them to study scientific, technical or similar problems or to undergo special courses of instructions. Such leave is not debited against the leave account."

9. Chapter XI A of Part III of the Financial Hand Book deals with study leave. The Rule 146 A (2) provides that study leave should not be ordinarily granted to a Government Servant of less than five years of service. For convenience, the same is quoted hereinbelow:-

“146 A (2):- Extra leave on half average pay for the purpose of study leave may be taken either in or outside India. It may be granted to Government Servant of any of the department named above by the Government Servant, provided that when a Government Servant borne permanently of the cadre of one department is serving temporarily in another department the grant of leave is subject to the condition (a) that local arrangements can be made to carry on his work in his absence, and (b) that the recommendation of the department to which he is permanently attached is obtained before leave is given. Study leave should not ordinarily be granted to Government Servant of less than five years' service or to Government Servants within three years of the date at which they have the option of retiring."

10. Rule 146 A (3) provides the period of leave which could be granted and for convenience, the same is quoted hereinbelow:-

“146 A (3):- Study leave shall be granted with due regard to the exigencies of the public service. In no case the grant of this leav