Jammu June-07-2023:- A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sanjeev Kumar and Justice Puneet Gupta settles the issue that period undergone for study leave by an employee cannot be treated as deputation.
DB after hearing AAG Amit Gupta for the UT whereas Sr. Adv Abhinav Sharma with Adv Abhimanyu Sharma for the respondent, modified the judgment of Central Administrative Tribunal with the observation that we do not fully concur with the view taken by the Tribunal and, accordingly, allow the writ petition partly. The impugned judgment of the Tribunal is modified to the extent and insofar as it directs the petitioners herein to treat the period undergone in DNB course by the respondent as on deputation and we, instead, direct the petitioners to consider the case of the respondent , who is prima facie eligible under Rule 61 and 62 of Chapter VI of the 1979 ( Leave) Rules for grant of study leave, to which we find the respondent entitled to. The respondent is also entitled to all consequential benefits that would accrue to him after his period with effect from 25-06-2014 to 26-06-2017 is treated as study leave.
DB also directed the petitioners to put in place a proper mechanism in the light of the provisions of Rule 61 and 62 of the 1979 Rules and Regulation 44-A and 44-F of Part-II of the Civil Service Regulations, to deal with the study leave and deputations to be granted in appropriate cases well in advance before permitting the applicants to leave the Department to join higher study/ training courses, as the case may be. This would not only strengthen and simplify the procedure but will also avoid unnecessary litigation in the Courts of law.
The respondent- Dr. Javed Iqbal was appointed as Medical Officer vide Government Order No.335-HME of 2010 dated 17.06.2010. After rendering almost four years of service as Medical Officer, the respondent approached Director Health Services, Jammu, for permission to undergo higher studies ( DNB) Course in LRS Institute of Respiratory Medicine, New Delhi with effect from 26-06-2014 to 25-06-2017. The request of the respondent was processed and the Administrative Department through its under-Secretary vide communication No. HD/Gaz/Gen/116/2014 dated 24¬06-2014 conveyed NOC in favour of the respondent to join the said course in LRS Institute of Respiratory Medicine, New Delhi, [the Institute]. The respondent was relieved to undergo the said course at New Delhi. After completion of the course, the respondent re-joined on duty with effect from 07-07-2017 before the Director Health Services, Jammu. The matter with regard to settlement of period spent by the respondent in the Institute while pursuing his DNB course, was referred by the Director Health Services, Jammu to the Administrative Department for instructions. The Administrative Department vide its communication no. HD/GAZ/GAN/116/2014 dated 16.1.2019 conveyed the approval of the Administrative Department to settle the period of absence of respondent with effect from 26.06.2014 to 25.06.2017 as leave whatever kind due except study leave strictly as per the leave account of the respondent. It was further provided that any shortfall in the leave standing in the account of the respondent shall be met by treating the said period as dies non. The Director Health Services, Jammu was also asked by the Administrative Department to warn the respondent not to leave his place of posting for any occasion in future un-authorizedly.
Feeling aggrieved of the communication dated 16.01.2019 and subsequent communication dated 18.11.2019 issued by the Administrative Department, the respondent filed OA No. 61/528/2020 before the Central Administrative Tribunal, Jammu Bench [“The Tribunal” hereafter], seeking inter-alia quashment of the two communications of the Administrative Department referred to above. The respondent also prayed for direction to the writ petitioners herein to treat the period with effect from 26-06-2014 to 25-06-2017 as on deputation and grant him all service benefits accruing therefrom. JNF