ORDER(ORAL)

PER M. S. Latif, M(J)

1. Through the medium of the instant O.A., the petitioner seeks a direction upon the respondents to grant study leave to the petitioner as has been approved by the respondent Director Health Services for completion of his Ph.D for Bio-Chemistry to which he is otherwise eligible and entitled to under rules governing the field. He further seeks a direction upon the respondents to decide the study leave application of the applicant and allow him to pursue the course of Ph.D Bio-Chemistry.

2. The petitioner is a Lab Technician in District Cadre Budgam who was appointed vide order bearing no. 230/NG of 2016 dated 11-04-2016 and is figuring at Sr. no. 4 of the said list. The petitioner after having joined his service is stated to be working to the best satisfaction of his superiors. It has also been stated that the petitioner applied for Ph.D Programme in the Discipline of Bio-Chemistry in Maharishi Makandeshwar Mullana Ambala Haryana (Deemed University) and has been provisionally selected for undergoing the said course.

3. Learned counsel for the petitioner submits that in view of his selection for undergoing the Ph. D Bio Chemistry in University, the applicant moved an application through proper channel to the Block Medical Officer, Chadoora which has been forwarded by the Block Medical Officer, Chadoora on 05-12-2022 to the Chief Medical Officer, Budgam. He further submits that his leave case has not been decided by the respondents.

4. Perusal of the orders on file reveals that vide order dated 07-06-2023, applicant was permitted to sit in the examination scheduled to be held on 08-06-2023 in the University at Ambala, however, the order was subject to the final decision to be taken by the respondents on the application of the applicant seeking study leave.

5. Learned counsel for the petitioner submits that in compliance to the order dated 07-06-2023, the petitioner has appeared in the examination. Despite various opportunities reply has not been filed in the case. Order dated 27-03-2024 reveals that in view of the emergency expressed by the counsel for the petitioner, ten days time was granted to the respondents to file written submissions on the issue, as to why no response has been given by the Director Health Services to the communication dated 06-03-2023 even after a lapse of more than a year.

6. Today, the matter came up for consideration. The respondents have not filed their written submission.

7. Learned counsel for the petitioner submits that he would be satisfied if the petition is finally taken up for its disposal and submits that undoubtedly the grant or refusal of leave is the discretion of the competent authority but submits that each and every case has to be dealt with on its merits as far as the sanction of leave is concerned.

8. Prima facie on the basis of material available on file it is clear that the petitioner has been selected for undergoing the Ph.D Bio-Chemistry which we feel that in case the respondents consider the grant of study leave in favour of the petitioner in accordance with the rules, the petitioner after completing his course can prove to be beneficial for the department in the discipline.

9. Learned counsel for the petitioner has also referred to a Govt. order no. 178-JK (HME) of 2024 dated 11-03-2024 wherein he wants to substantiate that similarly situated others have already been granted sanction for undergoing the course and leave has been granted in their favour, however, subject to certain conditions, he further submits that the petitioner has been discriminated.

10. Be that as it may.

11. Heard learned counsel for the parties.

12. The petition is accordingly disposed of by providing that the respondents will consider the case of the petitioner for grant of sanction for his study leave, strictly in accordance with the rules governing the subject. However, it is expected that the case of the petitioner will be sympathetically considered in view of the petitioner having b