SHEO KUMAR SAHA Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2007-3-470
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 16,2007

SHEO KUMAR SAHA Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

- (1.) The petitioner filed Civil Writ Petition No. 4927 of 2000, which came up for final hearing before the Division Bench of this Court on 18.10.2000 when the counsel for the respondents suffered a statement that the department would have no objection if the petitioner moved any such application for study leave and the same shall be allowed in accordance with law. Consequently, on 13.3.2001 the petitioner moved an application to the respondents to grant him the permission for undergoing study of M. Pharmacy Course. The petitioner appeared before the interview Board for M. Pharmacy Course and he was allowed admission. The petitioner informed the respondents about his having secured the admission as well as for necessary action on the part of the respondents.
(2.) Respondent No. 2 vide letter dated 28.6.2001 addressed to respondent No. 3 directed that the petitioner be allowed study leave as per Haryana Government Rules to execute higher studies of M. Pharmacy and directed that the letter to that extent be given to the petitioner by 29.6.2001 and compliance of the same be reported to this office immediately. The institution relieved the selected candidates unconditionally and gave them the salary and allowances as per Study Leave Rules of Haryana Government during the period of the course.
(3.) On 13.3.2002, the Financial Commissioner and Secretary to Government of Haryana, Technical Education Department-respondent No. 1, vide letter No. 10/38/2000-ITE dated 13.3.2002 informed respondent No. 2 that the Government was agreed to grant study leave of 24 months to the petitioner as per provisions of CSR Vol. I, Part II, Appendix 20. It was also directed that the bond should be got filled up from the petitioner as per the directive study rules following Sr. 17 in Appendix 20. After getting the necessary permission of the study leave, the petitioner got admission in M. Pharmacy Course at Delhi University and completed the said course of two years. During the 24 months study period at New Delhi, the petitioner has been granted only the half pay every month. The study allowance admissible in study leave under Rule Appendix 10 was withheld as sanction for the same had not been received from respondent No. 2. After the repeated requests, the sanction for the study allowance came after six months of the completion of the two years course in February 19, 2004.;


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