Ajay Rastogi, J. - (1.) INSTANT petition has been filed by the Petitioner who was appointed on the post of Teacher Grade -III on account of death of her husband vide order dt.29.01.2003. Her Grievance is that after joining service she applied for study leave to obtain degree of B.Ed. However, permission was granted but her study leave was not sanctioned by the authority on the premise that she was appointed under Compassionate Rules, 1996 as such period which she spent during study for obtaining qualification of B.Ed. may be regularized as extraordinary leave as is evident from document dt.03.02.2007 (Annx.11).
(2.) THE Petitioner initially joined service on account of death of her husband who died while in service vide order dt.29.01.2003 (Annx.1) under The Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996. After she was selected for B.Ed. course permission was granted vide communication dt.23.07.2004 and after she completed course degree of B.Ed. was awarded and she joined service on 12.05.2005. However when she submitted application for grant of study leave on 04.10.2005. The Respondent -3 at one stage granted permission of study leave as is evident from the order dt.18.07.2006 (Annx.10) but the same was denied by Respondent -1 finally on the premise that she was appointed under Compassionate Rules, 1996 which does not make her eligible to seek study leave as prayed for. Counsel for Petitioner submits that the Petitioner was appointed under the Compassionate Rules, 1996 however on the post of Teacher Grade -III which is in the schedule appended to Rajasthan Education Subordinate Service Rules, 1971 and under proviso to Rule 11 relaxation has been granted in the qualification of STC/B.Ed. to widow and divorcee and while being considered for appointment on the post of Teacher/Senior Teacher undertaking has to be furnished that the qualification of STC/B.Ed. as the case may be shall be obtained within a period of three years; at the same time they are eligible for grant of study leave soon after their appointment for acquiring qualification. Counsel for Petitioner further submits that she was entitled to claim the period spent for obtaining qualification of B.Ed. as study leave being a widow under proviso to Rule 11 of the Rules, 1971 and rejection of her claim is arbitrary and deserves to be quashed.
(3.) REPLY to the writ petition has been filed wherein it has been averred that since the Petitioner was appointed under the Compassionate Rules, 1996 as such is not eligible to seek study leave and is not admissible to her.;