Paromita Verma v. Union Of India And ORS.

24.03.2025 (D/L-6) Ct. No.4 (B.K.N.) W.P.C.T. 128 of 2023 Paromita Verma Vs.

Union of India & Ors.

Mrs. Madhu Priya, Mr. Dhananjay Nayak ...for the Petitioner Mr. D. N. Roy, Sr. Adv., Ms. Amrita Pandey, Mr. Ghanshyam Pandey, Ms. Bipasha Jaiswal ...for the U.O.I.

1. The issue arising for consideration in the present case is based on the following facts:

The petitioner had proceeded for foreign study leave.

The study leave was sanctioned for the period commencing from 1.10.2009 till 30.09.2010.

The course completion, however, could not be done before 25.2.2011.

2. In view of such facts, the respondents considered the petitioner to have overstayed the study leave from 1.10.2010 to 25.2.2011 that is by four months and twenty five days.

This period was not sanctioned.

3. After making submission on the merits of the matter on previous occasions, on the last day the matter was adjourned when the learned counsel for the

petitioner submitted that she would be taking instructions whether the petitioner wants to avail the advice of the respondents contained in their letter dated 5th May, 2011.

4. The learned counsel for the petitioner has come back today with instructions and informs the Court that the petitioner wishes to submit an application for regularization of her period of absence beyond the foreign study leave period, however, by granting LAP or LHAP due to her credit as on date; or seeking an exemption under the provisions contained in Rule 14 of the Study Leave Rules.

5. Since we are allowing such liberty to the learned counsel for the petitioner we do not consider it appropriate to express any opinion on the merits of the claim at this point, as the entire issue is left open to be considered by the authorities in accordance with law.

6. The writ petition is accordingly disposed of.

7. We would only observe that if the petitioner makes an application diligently, it is expected that the authorities will reciprocate expeditious consideration of the same.

(Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)