Decided on November 21,1955

STATE Respondents


- (1.) This is a petition under Art.226 of the Constitution filed by Mrs. Susan George who is an Assistant Surgeon in the Medical Department of the Respondent, Travancore - Cochin State. It calls in question certain order of Government cancelling a prior order of the Government themselves in her favour for study leave for a period of two years.
(2.) The facts are not disputed and are as follows:- The petitioner is a graduate in medicine and surgery and was appointed as Assistant Surgeon in the State Medical Service on 20.12.1948. By Government Proceedings dated 16.8.1950, she was selected for appointment as Lecturer is Anatomy in the Medical College then started by the State. After about 3 1/2 years of service as Lecturer in the College she was transferred to the Medical Department by order of Government dated 15.10.1954. She was relieved from the College in terms of the order on 23.10.1954 but even before that on 22.10.1954, she applied to Government for the grant of 2 years study leave on her full salary and such lodging allowance as may be fixed by Government so as to enable her to take higher qualification in particular clinical subjects in the United Kingdom. In continuation of the application she submitted a memorandum to Government on 29.11.1954 for requisite sanction for working in the Hospitals in the United Kingdom during the leave period. After due consideration of the representations made by the petitioner and in the light of the reports of the Surgeon General, the Principal of the Medical College and the Comptroller and also the rules of the Travancore Service Regulations relating to the grant of study leave, Government by order dated 14.2.1955 granted study leave to the petitioner for 2 years for reasons detailed in the order, copy of which is filed as Ext. C in the case. The order made it clear that though study leave would not ordinarily be granted to officers of less than 5 years of service, petitioner was being granted the same as a special case, and added that she should serve the Government for a period of five years after return from the study leave.
(3.) The petitioner had in her application for study leave based her claim for full salary during its whole period on Clause.5 of the Circular Ext. A issued from the Office of the State Surgeon General inviting attention to the offer of Government relating to the terms and conditions for the appointment of Lecturers in the Medical College on foot of which petitioner had made her application for selection as a Lecturer. Ext. B, the petitioners order of appointment as Lecturer dated 16.9.1950 referred however to the provisions of the Travancore Service Regulation in that regard, which meant leave allowance as for ordinary furlough i.e. half the average salary. Vide Appendix XI and R. 213A. Differing from both Ext. A Circular and Ext. B order of appointment, Ext. I agreement dated 22.9.1950 executed by the petitioner to Government securing the Governments advances to petitioner during her training at Madras before she took charge as Lecturer, did not refer to any detail connected with the study leave. There was thus an apparent conflict with regard to the pay to which the petitioner may be entitled during the period of her study leave. There was also the question of the lodging allowance which had to be fixed in petitioners case as provided in R. 9 of Appendix XI of the T.S.R. The petitioner accordingly made Ext. H representation to Government on 16.2.1955 about these and further matters, viz., the cost of fee to be paid by her for the course of study and for the examinations which she intended to take and also her passage money to and from the United Kingdom. These two latter matters she raised in view of the condition incorporated in Ext. G order, that she should serve Government for a period of 5 years after return from the study leave. She made further clarification and elucidation by Ext. J memorandum dated 4.3.1955 of all her claims in the several matters of full salary for the two years, lodging allowances, fees for the course of study and for the passage.;

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