Petitioner sought study leave denied by respondents. Court observed petitioner's tenure and recommendations supported entitlement. Directed respondents to grant study leave within one month.
Directed respondents to consider the petitioner's case for grant of study leave within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S.B. Civil Writ Petition No.6922/2005 Smt. Vimla Gupta Versus Director (Elementary Education)Raj., Biakner & Ors.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. Civil Writ Petition No.6922/2005
Smt. Vimla Gupta Versus
Director (Elementary Education)Raj., Biakner & Ors.
Date of Order :: 04th May, 2012
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr.Shiv Charan Gupta, for the petitioner. None is present for the respondent/s.
By the Court:
It is a case where petitioner has been denied benefit of study leave despite recommendation. Reply to the writ petition indicates denial on the ground that required training for teaching was to be taken within the period of three years from the date of appointment. The petitioner said to have taken training in the year 2000, thus she was not found entitled for study leave.
I find that petitioner was initially appointed vide order dated 11.09.1996 (Annex.1). She joined services on 27.09.1996 (Annex.3) and thereupon made an application for study leave to undertake BSTC training. A recommendation in
2
S.B. Civil Writ Petition No.6922/2005 Smt. Vimla Gupta Versus Director (Elementary Education)Raj., Biakner & Ors.
favour of the petitioner was made vide Annex.11 dated 11.06.2001 indicating the period of leave. The aforesaid is starting from 21.12.1997 till 05.06.1998 and thereafter from 11.08.1998 till 23.12.1999. If the period aforesaid is taken note of then it falls within three years from the date of appointment/joining. Similarly placed candidates have been given benefit of study leave and no justification has been given by the respondents in their reply to make discrimination. It is otherwise a case of widow and matter has been kept pending by the respondents despite of favourable recommendation. The reply filed by the respondents is quite sketchy.
Looking to overall circumstances, this writ petition is disposed of with the direction to the respondents to consider the case of petitioner for grant of study leave as she is otherwise entitled for the benefit as provided under RSR. The denial may not be on the ground that the BSTC training programme was undertaken after a period of three years from the date of appointment, inasmuch as, the aforesaid is not correct.
3
S.B. Civil Writ Petition No.6922/2005 Smt. Vimla Gupta Versus Director (Elementary Education)Raj., Biakner & Ors.
The respondents are accordingly expected to take a proper decision in the matter within a period of one month from the date of receipt of copy of this order. If the study leave is granted, the petitioner would be entitled for all consequential benefits.
(M.N. BHANDARI), J.
Item No.110 preety, Jr.P.A.
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Preety Asopa Jr.P.A.
2 issues framed by the court
Whether the petitioner is entitled to study leave despite an administrative denial citing failure to complete training within three years of appointment.
Whether the petitioner's tenure and past recommendations preclude the denial of study leave benefits.
1 provisions across 1 enactments
Smt. Vimla Gupta
Director (Elementary Education) Raj., Biakner
Ors.
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
