'Dies Non' order treating study leave period harshly affects service rights and violates natural justice without hearing; medical officer's higher studies period directed as study leave under 1979 Rules per application and past practice.

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 speciality course in DNB Neurology from Bangalore and after rejoining ex post facto sanction was accorded and the benefit of study leave was granted with all benefits including salary and other benefits. Thus similar benefit be granted to the applicant being similarly situated. “

2. The facts of the case as stated in the O.A. are that the applicant who has completed MBBS and MD in Medicine participated in examination conducted by the National Board of Examination and on the basis of his merit, he was selected for undergoing DNB Neurology (super-speciality) course in Santokbha Durlabji Memorial Hospital, Jaipur, Rajasthan. Thereafter, the applicant submitted his application for grant of study leave to Respondent No. 2 on 07.05.2015 and subsequently, the applicant was relieved from Government Medical College, Jammu. It is averred in the O.A. that the application of the applicant was processed by respondent No. 2 with recommendation that there is already shortage of Super Specialist in the Health Department of Jammu Division, therefore, higher qualification in Neurology shall be beneficial to the patients in general as well as to the department. The applicant after completing the Super Speciality course in DNB Neurology submitted his joining on 15.03.2018 and respondent No. 1 issued the impugned order dated 23.10.2019 by virtue of which the applicant was allowed to join but with the condition that after adjustment of leave, the period spent for pursuing higher studies w.e.f. 08.08.2015 to 15.03.2018 shall be treated as ‘Dies-Non’. It is averred in the O.A. that this action of the respondents is against the provisions of study leave and is discriminatory in as much as similarly situated Doctor namely Anupama Koul who went to higher studies, even without applying for leave, was allowed by the respondents to complete the course in DNB Neurology from Bangalore in 2017. It is further averred that Respondent No. 1 accorded ex-post facto sanction for grant of 36 months study leave for having undergone DNB Super Speciality course in Neurology and all the benefits were granted to the said Doctor, however, in the case of the applicant, the respondents have adopted a different yardstick altogether.

3. Per contra, the respondents in their counter affidavit have stated that the applicant who was appointed as Medical Officer and was undergoing Registrarship in Government Medical College, Jammu had submitted an application along with selection letter before Respondent No. 2 seeking permission to undergo DNB Neurology Course at Santokbha Durlabji Memorial Hospital, Jaipur w.e.f 08.05.2015 to 15.03.2018. However, the applicant left without permission/NOC of the Administrative Department. The applicant after completion of the course rejoined in Directorate of Health Services,