RAM SUNDER PAL CMO EYE S/O SHRI GOKUL PRASAD Vs. EMPLOYEES STATE INSURANCE CORPORATION SERVICE TO BE EFFECTED THROUGH ITS DIRECTOR GENERAL

JUDGEMENT

(1.) IN all the 3 OAs common question of law/ grievance has been raised by the applicants and common arguments have been advanced in all the 3 OAs by the same counsel, therefore, they are being disposed of by a common judgment.

(2.) The short point raised by the applicant in all these cases is, that since they were working in the same organization, namely, ESIC where they underwent DNB course organized by the ESIC itself, therefore, they could not have been asked to apply for study leave. They have challenged the speaking order dated 24.3.2006 passed pursuant to court's directions wherein it was held that since DNB courses are full time, as such CHS officers holding duty posts are required to take study leave to pursue such courses as clarified by the Ministry of Health and Family Welfare. Since ESI Corporation has been following the instructions issued by the Govt. of India, therefore, medical officers holding duty posts are required to take study leave to pursue DNB courses as per Rule 50 of CCS(Leave) Rules, 1972. It was also observed therein that ESI Corporation is running several hospitals for providing medical facilities to insured persons. Any attempt to exclude the above said doctors from the provisions of leave Rules i.e. to exempt them from availing study leave for the purpose of completing the DNB courses at Basaidarapur Hospital would place the other doctors working in various other ESI hospitals in Delhi as well as outstations at a distinct disadvantage. It would result in most of the doctors aspiring to take up the DNB courses to opt for Basaidarapur Hospital. This would certainly place the administration in an unenviable position. Therefore, it is necessary that the doctors attending the DNB courses have necessarily to avail study leave while doing the above said courses. They were also directed to refund the excess amount, if any, drawn by them as per rules.

(3.) COUNSEL for the applicants strenuously argued that since all the applicants while undergoing DNB courses also attended their normal duties in the Basaidarapur Hospital. Therefore, there is no justification to ask them to seek study leave.