AMARESHWAR SAHAY,A.R.PRASAD - (1.) This appeal is directed against the order dated 27.2.2006 passed in W.P.(S) No. 3115 of 2005 whereby learned Single Judge refused to direct the respondent to pay salary for the period during which he pursued his higher studies in Veterinary Science.
(2.) THE facts which have given rise to this appeal are that while the petitioner was working on the post of Touring Veterinary Officer (T.V.O.), he after reorganization of the State was allocated the State of Jharkhand provisionally. In course of his employment, he applied for 'no objection certificate' for post graduate study in M.V. Science but when no such certificate was not granted, the petitioner preferred a writ application bearing W.P.(S) No. 6505 of 2002. By an interim order passed on 3.12.2002, he was allowed to be admitted provisionally in M.V. Science course subject to grant of no objection certificate. The State of Jharkhand ultimately granted no objection certificate, vide its letter dated 7.12.2002. The said writ application was disposed on 17.2,2003 whereby the competent authority was directed to grant study leave. Thereafter the Government, vide its notification as contained in Memo no. 3137 dated 2.12.2004 (Annexure -1) granted study leave with full salary for pursuing post graduate studies for the sessions 2004 -05 and 2005 -06. While the petitioner was pursuing his studies, the petitioner was allocated Bihar Cadre on 20.4.2005 which was objected to by the petitioner, but when nothing was done in this regard, the petitioner submitted his joining report under protest before the Respondent No.2 on 6.6.2005 but the said joining report was neither accepted nor the petitioner was allowed to continue his studies at Birsa Agriculture University, Ranchi. Thereupon the petitioner being afraid of having break in service, filed a writ application bearing W.P.(S) No. 3115 of 2005 with a prayer to direct the State of Bihar to allow the petitioner to continue his studies and to pay the salary, but the learned Single Judge, vide its impugned order disallowed the prayer of the petitioner for payment of salary, though directed the State of Bihar to allow the petitioner to continue his studies. Being aggrieved with that order, this appeal has been preferred.
(3.) LEARNED counsel appearing for the appellant submitted that the appellant having been granted study leave with full salary under Annexure -1, took admission in the post graduate course of Birsa Agriculture University and even received his salary from the State of Jharkhand for the period from 20.12.2004 to 7.6.2005. Subsequently, on cadre bifurcation, when the salary was not paid, the petitioner preferred a writ application but the claim for payment of the salary was rejected by this Court by the impugned order without taking into consideration the fact that the petitioner on being granted study leave would always be on duty and as such, the petitioner would be entitled to salary. Learned Single Judge further failed to take notice that under Annexure -1, the appellant had been granted study leave with full salary which the State of Jharkhand and even the State of Bihar would be obliged to keep its promise but the court did not take into consideration all these aspects of the matter and hence, the impugned order is fit to be set aside.;