STATE OF TRIPURA Vs. DHIRENDRA DEBNATH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 1.9.94 of the learned Single Judge in Civil Rule No. 167/93.

(2.) The facts briefly are that pursuant to an advertisement, the respondent/writ petitioner and other candidates applied for Ph. Degree study and the respondent/writ petitioner was selected and placed at the top of the list. Thereatfter, the appellants granted study leave to the respondent/writ petitioner to pursue the study at his own cost. Since the respondent/ writ petitioner did not get his salary for the period of said study, he moved this Court in the aforesaid Civil Rule No.167/93 under Article 226 of the Constitution for a direction on the appellants/respondents to pay the salary for the said period of study. Learned Singje Judge by the impugned judgment and order dated 1.9.94 found that the case of the respondent/writ petitioner was covered by the judgment and order dated 19.7.90 of aDivision Bench of this Court in Civil Rule No. 2/87 and, accordingly, directed that the appellants/respondents would treat the respondent/writ petitioner as having been on duty during the period of study, but the respondent/writ petitioner would not be entitled to the stipend money received by him for the aforesaid course earlier.

(3.) Mr. R.B. Sinha, learned counsel appearing for the appellants/respondents, submitted that the case of the respondent/writ petitioner was not covered by the judgment dated 19.7.90 inasmuch as the petitioner, in the said Civil Rule No. 2/87 was sponsored by the State Government for study leave but the respondent/writ petitioner in the present case was not sponsored by the State Government and that the respondent/writ petitioner had pursued the study at his own cost and was granted study leave for the said course in terms of the letter dated 5th November 1981 of the Director of Agriculture, Tripura under which the application of the respondent/writ petitioner for undergoing the study/course was forwarded to the Under Secretary (Education), Indian Council of Agricultural Research, New Delhi,