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IN THE HIGH COURT OF MANIPUR AT IMPHAL
LANUSUNGKUM JAMIR, J.
Dr. Mohanlal Sharma, S/o (L) Babu Lal Sharma – Appellant
Versus
The Union of India – Respondent
WP(C) No. 329 of 2019 with MC(WP(C) No. 200 of 2020
Decided on : 31-08-2021
Constitution of India – CCS (Leave) Rules, 1972 - Rule 32 (1)(b) - Writ Petition - National Eligibility cum Entrance Test - Charge Assumption Report - Considered for granting permission for appearing in National Eligibility cum Entrance Test (Super Specialty) (NEET-SS) - Head Quarters Inspector General, Assam Rifles (South) informed Office of Director General, Assam Rifles that the study leave for pursuing P.G Degree/Diploma will be granted once in entire service - Petitioner wants to pursue Super Specialty Course on Extra Ordinary Leave (EOL) as permissible under the provisions of CCS (Leave) Rules 32 (1)(b) - Whether Rule 32 (2) (e) is applicable to petitioner or not.
Finding of the Court :
The respondents were all along considering the leave application of the petitioner under Rule 32 (2)(e) which is not at all applicable to the petitioner inasmuch as the petitioner is a permanent employee - the respondents are directed to consider the case of the petitioner for availing EOL under Rule 32 (1)(b)of the CCS Leave Rule, 1972 within a period one month - If the petitioner is found to be eligible for granting EOL under Rule 32 (1)(b) of CCS Leave Rules, 1972 same shall be granted to him.
Result: Writ petition disposed of.
Certainly. Based on the provided legal document, here are the key legal points relevant to the matter:
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) .
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 (!) (!) .
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 representation, the petitioner also mentioned that the course would be for three years which can be granted under the provisions of Rule 32 (1)(b) of the CCS (Leave) Rules, 1972 and the expenditure on such studies of the petitioner for the said course need not be borne by the Assam Rifles authorities and therefore, the case of the petitioner be considered for granting permission for appearing in the National Eligibility cum Entrance Test (Super Specialty) (NEET-SS) to be held in the month of May, 2018. The representation dated 07-04-2018 was also recommended by the Office of the Major General, IGAR (South) for permitting the petitioner to appear the National Eligibility cum Entrance Test (Super Specialty) (NEET-SS) to be held in the month of May, 2018 and in the National Board of Examination (CETSS) to be held in the month of December, 2018 and also sought permission from the competent authority for granting leave to the petitioner by recommendation letter dated 16-04-2018.
[3] Thereafter, the Director General of Assam Rifles by a communication dated 23-04-2018 replied stating that the permission for appearing in the National Eligibility cum Entrance Test (Super Specialty) (NEET-SS Examination) cannot be granted as the study leave for pursuing P.G Degree/Diploma will be granted only once in the entire service career.
By another letter dated 28-04-2018, the Head Quarters Inspector General, Assam Rifles (South) informed the Office of the Director General, Assam Rifles that the study leave for pursuing P.G Degree/Diploma will be granted once in entire service. However, the officer i.e., the petitioner wants to pursue Super Specialty Course on Extra Ordinary Leave (EOL) as permissible under the provisions of CCS (Leave) Rules 32 (1)(b).
As there was no positive response, the petitioner again approached the Director General of Assam Rifles by preferring a representation dated 25th May, 2018 requesting to allow him for pursuing 3 (three) years Neurological Super Specialty Course at his personal expenditure on Extra Ordinary Leave as permissible under the provisions Rule 32 (1)(b) of CCS (Leave) Rule, 1972.
[4] The Office of the Major General, IGAR (South) again recommended the case of the petitioner by recommendation letter dated 13th June, 2018 for granting EOL for pursuing Super Specialty Course in Neurology subject to the following two conditions:
(b) Non-availability of med spl in AR for duration of three yrs during EOL of the offr may be addst.”
Thereafter, the Office of the Additional Director General (Medical) CAPFs, NSG & AR, Ministry of Home Affairs, Government of India informed the Director, Medical, Assam Rifles stating that the case of the petitioner for pursuing P.G e
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