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CENTRAL ADMINISTRATIVE TRIBUNAL
Sanjeev Gupta, Judicial Member, Pragya Sahay Saksena, Administrative Member
Dr. Surinder Sharma – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
| Table of Content |
|---|
| 1. applicant's study leave application and impugned dies non order (Para 1 , 2) |
| 2. respondents' counter: no prior permission, no parity with dr. shah (Para 3 , 4) |
| 3. counsel arguments on discrimination and unauthorized absence (Para 5 , 6) |
| 4. court verifies facts, past practice, parity issue unresolved (Para 7 , 8 , 9 , 10) |
| 5. dies non order violates natural justice principles (Para 11 , 12 , 13) |
| 6. study leave eligibility under 1979 rules chapter vi (Para 14 , 15 , 16) |
| 7. set aside order, grant study leave with benefits (Para 17 , 18 , 19) |
ORDER
Per:- Sanjeev Gupta, Judicial Member
The present Original Applicant has been filed by the applicant under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
“A. order impugned No. 924-HME of 2019 dated 23.10.2019 may be quashed to the extent the period of study has been considered as dies non by making adjustment of what ever leave was due to the applicant as the same is against the mandate of Article 61 and 62 of the Leave rule 1979.
B. directing the respondents to consider and accord the sanction for ex post facto sanction for study leave at par with one Dr. Anupama Shah who had undergone super spec
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