Nurse petitioner filed a contempt petition claiming discrimination as she received only half salary for study leave while others got full pay. Court held that since she studied in a private institution, a later judgment limited benefits, and her half salary was consistent with rules.
Contempt petition dismissed and notices discharged.
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Smt. Blessy John Vs. Mr. B.N. Sharma & Others (S.B. Civil Contempt Petition No.963/2012)
September 01, 2014.
HON'BLE MR. JUSTICE ALOK SHARMA
Mr. Robin Zavier, for the petitioner. Mr. Nav Ratan Sharma, Dy. Director (Nursing) and Mr. Ram Babu Agrawal, on behalf of respondents.
BY THE COURT :
Non compliance with the order dated 30-8-2011 passed in S.B. Civil Writ Petition No.13100/2010 has been alleged in this contempt petition.
The case of the petitioner is that she is a nurse Gr.II with the Government and has taken study leave for pursuing a course in B.Sc. Nursing. The petitioner claimed that as she was on study leave, the period of study leave should be treated as on deputation and she was entitled during the period to whole of the salary which she was drawing as Nurse Gr.II. It has been submitted that this court vide order dated 30-8-2011 has ordered that there be no discrimination between the employees of State of Rajasthan, who avail study leave to pursue higher education. It is submitted that the directions of the court in its order dated 30-8-2011 are being flouted as while the petitioner is being paid half her salary while on study leave various others granted study leave are being paid the full salary as per the post held by them. According to the petitioner this tantamounts to discrimination and is contempt of the order dated 30-82011 passed by this court.
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Mr. Nav Ratan Sharma and Mr. Ram Babu Agrawal, appearing on behalf of respondents contemnors have submitted that this court vide order dated 20-5-2014 in S.B. Civil Writ Petition No.4936/2014, Sunil Gurjar Vs. State of Rajasthan & Another, and other 19 matters dealing with a similar issue made it clear that the benefit as granted in the case of State of Rajasthan & Another Vs. Suman Kumari, (D.B. Civil Special (Writ) Appeal No.198/2012 and 21 other special appeals) decided on 3-9-2012 would not be extended to those who were studying in private colleges/ institutions while on study leave and those who had taken admission subsequent to 30-8-2011. Their cases were to be governed by Rules 97, 110 and 112 of the RSR for the grant of study leave. Reference has also been made to a judgment of this court in the case of Komal Bhati Vs. State of Rajasthan, S.B. Civil Writ Petition No.13906/2009, decided on 27-92011, wherein this court had categorically stated that the judgment in the case of Suman Kumari (supra) would be applicable only to such cases where the employee undertakes course in government colleges/ institutes.
It has been submitted that in this view of the matter, the petitioner pursuing her studies in a private institution while on study leave is not entitled to full salary of a Nurse Gr.II. She is entitled only to 50% basic pay plus D.A. thereon—as she is indeed being paid for the duration of study leave.
Heard the parties.
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In the facts as now obtain particularly with reference to the judgments of this court in Writ Petition No.,4936/2014 and 13906/2009 no contempt as alleged is made out. Apparently the petitioner is pursuing her course in a private college/ institution. She is therefore entitled to only 50% of basic salary plus applicable D.A. thereon as per rules 97, 110 and 112 of the RSR during the period of her study leave which is to be treated as deputation.
For the aforesaid reasons, the contempt petition stands dismissed.
Notices are discharged.
(Alok Sharma), J.
arn/
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All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.
2 issues framed by the court
Whether there is a violation of a court order by denying full salary to a nurse on study leave due to discrimination.
Whether study leave for courses in private institutions attracts the benefit of full salary as awarded in the cited precedents limiting benefit to government institutions.
Colour shows how this judgement treated each authority
State of Rajasthan & Another Vs. Suman KumariDistinguished¶10
Suman Kumari, D.B. Civil Special (Writ) Appeal No.198/2012
Sunil Gurjar Vs. State of Rajasthan & Another, S.B. Civil Writ Petition No.4936/2014Explained¶10
Komal Bhati Vs. State of Rajasthan, S.B. Civil Writ Petition No.13906/2009Relied on¶10
Smt. Blessy John
Mr. B.N. Sharma & Others
Alok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
