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2021 Supreme(Manipur) 12

LANUSUNGKUM JAMIR
Mohanlal Sharma, S/o (L) Babu Lal Sharma – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. H.S Paonam, Mr. S. Gunabanta, Advocate
For the Respondents:Mr. Y. Nirmolchand, Mr. L. Raju, Advocate & Mr. S. Samarjeet, CGC

Judgement Key Points

Certainly. Based on the provided legal document, here are the key legal points relevant to the matter:

  1. The applicant, a permanent employee of the Assam Rifles, sought permission to pursue a Super Specialty Course in Neurology under the provisions of Rule 32(1)(b) of the CCS (Leave) Rules, 1972, requesting Extra Ordinary Leave (EOL) for this purpose (!) (!) .

  2. The respondents initially considered the applicant’s leave application under Rule 32(2)(e), which is not applicable to a permanent employee, as this rule pertains to non-permanent or quasi-permanent employees and limits the duration of EOL to 24 months, whereas the applicant seeks a longer period for a three-year course (!) (!) .

  3. The applicant’s application was made explicitly under Rule 32(1)(b), which allows EOL in special circumstances when other leave is admissible, and the applicant applied in writing for this specific provision. The respondents’ consideration of the application under Rule 32(2)(e) was therefore legally incorrect and inconsistent with the applicant’s expressed intent and application (!) (!) .

  4. The applicant’s request was for EOL to pursue a Super Specialty Course, which is recognized under the applicable guidelines as a Super Specialty Course in Neurology. The applicant has not sought study leave but EOL, which is a different category of leave under the rules (!) (!) .

  5. The applicable guidelines of the Government of India, Ministry of Home Affairs, specify that study leave for PG degrees or diplomas is granted only once in a career. However, these guidelines do not explicitly prohibit pursuing Super Specialty Courses under EOL, especially when the application is made under Rule 32(1)(b), which provides for special circumstances (!) (!) .

  6. The court emphasized that when an application is made under Rule 32(1)(b), the respondents are required to consider the application strictly under the rules applied by the petitioner, not under any other provisions or guidelines that do not directly apply to the application’s context (!) (!) .

  7. The court observed that the respondents failed to consider the applicant’s application in accordance with the proper legal provision (Rule 32(1)(b)) and instead relied on inapplicable rules and guidelines, which was contrary to the principles of proper administrative consideration and the applicant’s rights (!) (!) .

  8. The court directed the respondents to reconsider the applicant’s case for grant of EOL under Rule 32(1)(b) within a specified period, ensuring that the application is evaluated in accordance with the correct legal framework, and if eligible, the EOL should be granted accordingly (!) .

  9. The court also held that interim orders and judicial directives to permit the applicant to join certain institutions or undertake studies cannot be disregarded or overridden by the respondents’ reliance on guidelines or procedural objections, especially when such orders are binding and issued by a court of competent jurisdiction (!) (!) .

  10. The actions of the respondents in posting the applicant to different locations after the court’s interim orders, especially when such postings appear to be aimed at circumventing or frustrating the court’s directions, were viewed as arbitrary and mala fide, undermining the authority of judicial orders (!) (!) .

In summary, the legal principles highlight the importance of applying the correct rules as per the applicant’s specific request, respecting judicial orders, and ensuring administrative actions are consistent with legal provisions rather than inapplicable guidelines. The court’s primary directive is for the respondents to reassess the applicant’s application under the proper legal framework and grant the requested EOL if found eligible.


JUDGMENT :

The petitioner was appointed as Medical Officer in the rank of Assistant Commandant in the Assam Rifles by an order dated 06.11.2003 and has reached the rank of Commandant w.e.f 17-11-2016. The petitioner from the status of Medical Officer (Assistant Commandant) has been serving at different difficult posting places. The petitioner was given promotion to the rank of Commandant and he assumed charge as Commandant by a Charge Assumption Report dated 12-7-2017. After his promotion to the rank of Commandant along with two others, the petitioner was posted as Commandant (Medical Specialist) at Assam Rifles Nodal Hospital, IGAR (South), Mantripukhri, Imphal East.

[2] Considering that many personnel of Assam Rifles were suffering from acute neurological disease/syndrome, the petitioner approached the authorities of Assam Rifles by preferring a representation dated 07-04-2018 wherein, he highlighted the circumstances leading to many neurological patients of Assam Rifles coming up every year and as there is not a single qualified Neurologist in the Assam Rifles organization, he requested for granting permission for appearing in NEET-SS and CET SS-2018 Examination. In the said repre

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