R.R. Awasthi, J. - (1.) SRI Rohit Nandan, Principal Secretary, Rural Development Department, U.P. is present in person and he has filed a supplementary affidavit. He tenders apology for the typographical error, which has occurred in the order of suspension.
(2.) WE accept his apology. Heard the learned counsel for the petitioner Sri P.S. Pandey and Sri D.K. Upadhyaya, learned Chief Standing Counsel for the State. The petitioner, who is working as Block Development Officer, presently posted at Shahjahanpur, has filed this petition seeking a writ in the nature of mandamus for directing the respondents to grant Rojgar Avakash (Employment Leave) for three years w.e.f. 15.3.08. He had applied for this leave on 24.12.07.
(3.) SINCE the leave was not granted and the matter was kept pending, the petitioner filed the present petition for the aforesaid relief. A Division Bench of this Court taking cognizance of the aforesaid Employment Leave, which was supposed to be granted as per the Rules known as "U.P. Government Servants (Employment Leave) Rules, 2003", felt, prima facie, satisfied that the provisions of Sub-clause (5), (6) and (7) of the U.P. Government Servants (Employment Leave) Rules, 2003 were contrary to various rules of the State Government including Rule 11 of Financial Hand Book Vol. II (parts II to IV) dealing with service conditions of Government Servants.;