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HIGH COURT OF MADRAS
Honourable Mr Justice G.K. ILANTHIRAIYAN
A.SASIKALA – Appellant
Versus
THE GOVERNMENT OF TAMIL NADU – Respondent
Writ Petition - Regularization of Study Period - G.O.(D) No.752, Rule 16, Rule 18(2), Fundamental Rules - The court clarified the entitlement of salaries for study periods of employees based on specific guidelines, emphasizing adherence to the conditions stipulated in the year of application.
Fact of the Case:
The petitioner, a staff nurse, sought regularization of her study period for a postgraduate nursing course after being denied pay and allowances during her study period despite being relieved from duty to pursue the course.
Finding of the Court:
The court found that prior guidelines had allowed staff to receive full pay and allowances while studying, and the denial that arose from subsequent years' conditions was not applicable retroactively to the petitioner's case.
Issues: Whether the petitioner was entitled to receive pay and allowances during her study period based on the applicable guidelines at the time of her application.
Ratio Decidendi: The court held that the guidelines applicable during the year of the petitioner's study were binding and she was entitled to full pay and allowances as per the established practice.
Final Decision: The impugned order was set aside, and respondents were directed to pay the petitioner full pay and allowances for the study period.
ORDER
This Writ Petition has been filed challenging the order passed by the first respondent dated 30.09.2020, thereby rejected the request made by the petitioner seeking regularisation of study period.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner had joined in Diploma in General Nursing and Midwifery in Government Headquarters Hospital, Trichy. After completion of Diploma, the petitioner was appointed in the second respondent Directorate as Staff Nurse on contract basis. After completion of two years, her service was regularised and she was issued posting order. After regularisation of her service, she was granted regular scale of pay. While she was in service, she applied for Post Basic B.Sc (Nursing) course through the third respondent. She was allotted a College and had completed the Post Basic B.Sc (Nursing) course and she was posted in Rajiv Gandhi Government General Hospital, Chennai as staff nurse. She had registered her additional qualification. As per G.O.(D) No.752 dated 14.06.2016, the period of leave from 21.09.2012 to 20.09.2014 under Rule 16 of the Tamil Nadu Leave Rules by relaxing Rule 18(2) of the Fundamental Rules was regularised, without medical certificate. However, she was denied benefits of pay and allowances for the said period. Therefore, the petitioner submitted a representation and the same was not considered. Hence, this writ petition.
4. Similar issue was already dealt with by this Court wherein it was held as follows :
“35. In the absence of production of any rule framed by the Court, regulating admission in professional collages during 2004,2006, it has to be construed that in exercise of the powers under Article 162 of the Constitution of India, the Government have issued the guidelines for admission for professional courses and in such a view of the matter, when the prospectus particularly, Clause VI for the year 2004 states that, all Nurses working in Tamilnadu Government and selected for PG Course shell undergo the course on deputation and be paid full pay and allowances, without any reservation, as to whether the in service candidates is selected and allotted to a Government College or private College, the Secretary, Selection Committee, Chennai, or for that matter, the other respondents including the Government cannot deviate from the terms and conditions of the prospectus denying the entitlement of the petitioners, to their pay and allowances, during the period of their study. 36. The above paid view of this Court, would be fortified by the decision of the Government taken in the year 2008 and subsequently, clarified in their prospectus for Admission to P.G.M.Sc. (Nursing) degree course for the year 2008-09 and for 2010-11, wherein, the Government, dealing with the payment of stipend, during the period of study, in clause, No.9 of the prospectus for 2008-09, have stated as follows:
(i). All service candidates serving in Tamilnadu Medical Service and selected and allotted for PG course in Govt. Institutions shall undergo the course and be paid full pay and allowances.
(ii). Other categories of service candidates shall undergo the PG course as a full time PG course without any extra expenditure to the institution where he/she is undergoing the PG course of study and also without any extra expenditure to the Government.
(iii) Private candidates selected and allotted Postgraduate courses in Government Institution shall receive stipend as per Government rule in force."
37. The above said aspect has been further clarified in the prospectus for the Academic year 2010-11 as follows:
"(36) Stipend:
a. All service candidates serving in Tamilnadu Medical Service and selected and allotted for PG Course in Govt. Institutions shall under the course and be paid full pay and allowances.
b. Service candidates taking allotment in Self- financing colleges will not be paid salary and they have to avail leave to which they are eligible for the pe
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