High Court of Punjab and HaryanaCWP/7868/2021dismissed

Vijay Kajal v. State Of Haryana And Another

2022-09-20Mr. Justice Anupinder Singh Grewal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-7868-2021 DATE OF DECISION: 20.09.2022 VIJAY KAJAL ... Petitioner(s)

Versus

STATE OF HARYANA AND ANOTHER ... Respondent(s) CORAM: HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL

Present:

Mr. Rakesh Gupta, Advocate for the petitioner. Mr. Anant Kataria, DAG, Haryana.

**** ANUPINDER SINGH GREWAL, J. (ORAL) The petitioner is seeking a direction to the respondents for releasing the pay for a period of 15 days when he had taken study leave for higher qualification.

Learned counsel for the petitioner submits that the petitioner, who was working as Junior Engineer with the respondent, had taken study leave for undergoing B. Tech, Civil Engineering. He had been sanctioned leave for a period of two years but later he has been granted leave of the kind due for a period of 15 days. He submits that the petitioner is entitled to the study leave of 15 days as well which has been erroneously declined. Learned counsel for the respondents while referring to the reply submits that in terms of Rule 54, the petitioner was entitled to study leave for a period of 28 months and for the rest of the period he has been granted leave of the kind due.

Heard.

SWARN JIT SINGH 2022.09.20 17:13 I attest to the accuracy and integrity of this document

CWP-7868-2021 The grant of study leave is governed by the Haryana Civil Service (Leave) Rules, 2016. Rule 52 stipulates that the maximum amount of study leave which may be granted to government employee in one or more spells shall ordinarily be 12 months at any one time which shall not exceed except for exceptional reasons and during the entire service, it would be 24 months in all (inclusive of study leave granted under any other rules). Rule 54 prescribes that the combination of study leave with other leave would not exceed more than 28 months. The petitioner had been granted study leave for a period of 28 months. For the period of 15 days which the petitioner is claiming the respondents have granted him leave of the kind due. Consequently, I do not find any infirmity in the action of the respondents to grant any further study leave to the petitioner. The petition stands dismissed.

(ANUPINDER SINGH GREWAL) 20.09.2022 JUDGE SwarnjitS Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No SWARN JIT SINGH 2022.09.20 17:13 I attest to the accuracy and integrity of this document