Central Administrative Tribunal Principal Bench, New Delhi O.A. No. 195/2025 Reserved on :- 29.01.2026 Pronounced on:- 12.02.2026 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Mr. Rajinder Kashyap, Member (A)

DR. ARTI (AGED ABOUT 37 YEARS)

D/O SHRI KALICHARAN R/O RZF-544 GALl NO. 42 SADH NAGAR-II PALAM COLONY NEW DELH-110045 ...Applicant (By Advocate: Mr. Ramesh Kumar Pandey)

Versus

1. GOVT. OF NCT OF DELHI THROUGH THE CHIEF SECRETARY DELHI SECRETARIAT DELHI 11 0002

2. PRINCIPAL SECRETARY DEPTT. OF HEALTH & FAMILY WELFARE

9TH LEVEL, A WING DELHI SECRETARIAT DELHI 110002.

3. LT. GOVERNOR OF DELHI THROUGH PRINCIPAL SECRETARY RAJ NISWAS, RAJPUR ROAD DELHI 110054. …Respondents

16:57:37+01'00' (By Advocates: Ms. Purnima Maheshwari with

Mr. D K Singh)

ORDER Hon’ble Mr. Manish Garg, Member (J) :

Highlighting the facts of the case, learned counsel for the applicant drew our attention to the record of proceedings dated 28.01.2026, which is reproduced below:

“The applicant seeks the following relief(s) through this Original Application (OA):

“It is most humbly prayed that the Hon'ble CAT may be pleased (1) to set aside the Memorandum No. F.No.1 (111) 2014/DHS/SWD/PF/6444 dated 6.12.24 which states inter alia that the period of absence from duty (29.06.2020 to 03.07.2023) will be treated as dies non for all purposes (II) Direct respondents to sanction study leave to the applicant with effect from 30th June 2020 to 29th June, 2023.

(III) Direct respondents to immediately rerelease the arrears of leave salary and admissible allowances of the applicant till 03.07.2023, (IV) Direct respondents to release the arrears of pay and allowances of the applicant w.e.f.04.07.2023 to

31.08.2024.

(V) May be pleased pass such other orders in the favor of the applicant as deemed fit.”

2. Learned counsel for the applicant submits that the applicant is a Medical Officer (GDMO cadre) under the Directorate of Health Services, Government of NCT of Delhi, having joined service on 03.09.2014. She successfully completed her probation and rendered more than five years of regular service, thereby becoming fully eligible for grant of Study Leave under Rule 50 of the CCS (Leave) Rules, 1972.

SHILPI GUPTA 2.1 It is submitted that the applicant, after obtaining prior SHILPI GUPTA2026.02.12 permission and No Objection Certificate from the competent

authority, appeared in NEET-PG 2020 and qualified the

same with All India Rank 26957. Pursuant thereto, she was

allotted MS (Ophthalmology) at Jawaharlal Nehru Medical

College, Aligarh, under Aligarh Muslim University. In

furtherance of the said selection, the applicant submitted a

formal application dated 10.04.2020 seeking grant of Study Leave for a period of 36 months w.e.f. 30.06.2020 to

29.06.2023.

2.2 Learned counsel submits that prior to proceeding on leave, the applicant completed all codal formalities, including execution of the mandatory bond for three years’ salary amounting to ₹52,24,781/- and an undertaking to rejoin service upon completion of the course. She also furnished the mandatory seat-leaving bond required by the University and submitted her departure report on

29.06.2020.

“NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of my failing to resume duty or resigning or retiring from service otherwise quitting service without returning to duty after the expiry or termination of the period of study leave or failing to complete the course of study or at any time within a period of three years/five years after my return to duty, I shall forth with pay to the Government or as may be directed by the Government, on demand the said sum of Rs. 52,24,781/- (Rupees Fifty Two Lakh Twenty four thousand seven hundred Eighty only) together with interest thereon from the date of demand at Government rates for the time being in force on Government loans.”

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“subject: - Departure report of Dr. Arti on 29 June 2020 (A/N)

Respected Madam, I am Dr. Arti GDMO Batch 2014 working in DGHC Malikpur got prior permission to appear in NEET 202