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Rajasthan High Court – Jodhpur
Ravindra Singh Charan vs State Of Rajasthan (2025:Rj-Jd:21439) on 5 May, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:21439]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8499/2025
Ravindra Singh Charan S/o Late Shri Om Prakash Singh
Charan, Aged About 31 Years, R/o Plot No. 23 B, Pewa Nagar,
Bhadu Market, Jodhpur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Director, Medical Health
And Family Welfare Department, Rajasthan, Jaipur.
2. The Additional Director (Administration), Medical And
Health Services, Rajasthan, Jaipur.
3. The Chief Medical And Health Officer, Jodhpur.
----Respondents
For Petitioner(s) : Ms. Muskan Jangid.
For Respondent(s) : Mr. Tanuj Jain for
Mr. Mukesh Dave, AGC.
HON'BLE MS. JUSTICE REKHA BORANA
Order
05/05/2025
1. Learned counsel for the petitioner submits that the
controversy in question rests covered by the judgment passed
by a Co-ordinate Bench of this Court at Jaipur in S.B. Civil
Writ Petition No.17843/2015: Himmat Singh & Ors. & Vs.
The State of Rajasthan & Ors. (decided on 30.11.2022).
2. Learned counsel for the respondent-Department does not
refute the above submission and agrees that the present issue
would be covered by the said judgment.
3. In the case of Himmat Singh (supra), it was observed
and held as under:
“I have heard the submissions made by learned counsel
for the parties and perused the material available on record.
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[2025:RJ-JD:21439] (2 of 4) [CW-8499/2025]
This Court deems it proper to quote Rule 112 of the
Rajathan Service Rules, 1951 as under:-
“112. Condition for grant of Study leave.- (I)
Study leave shall be granted to enable a Government
servant:-
(i) to pursue a course of study or investigation of
a scientific or technical nature either in India or
outside India provided that it is certified by the
authority competent to sanction that the grant of
study leave will be in the interest of the working of the
department or the service to which the Government
servant belongs. The authority competent to grant
study leave shall ensure that it is not granted to a
Government servant with such frequency work or to
cause cadre difficulties owing to his as to remove him
from contact with his regular absence on leave. A
period of 12 months at one time should ordinarily be
regarded as a suitable maximum and should not be
exceeded save for exceptional reasons.
(ii) The total period of study leave during the
entire period of service of a Government servant shall
not be more than 24 months. It may be taken in one
spell or more than one spell. Study leave may be
combined with other kinds of leave, but in no case
shall the grant of this leave in combination with leave,
other than extra-ordinary leave, involve a total
absence of more than twenty-eight months from the
regular duties of the Government servant.
(2) Study Leave is extra leave on half pay and leave
salary during such leave shall be regulated in
accordance with rule 97(2).
(Emphasis supplied.)
This Court on bare perusal of the Rule 112 of the
Rajasthan Service Rules, 1951 finds that the study leave is
granted to Government servant to enable him to pursue the
course of study and grant of study leave should be in the
interest of working of the Department or the service to which
Government Servant belongs.
This Court finds that if the study leave is in the interest of
the working of the Department, then it cannot be said that the
person, who is in Class-IV cadre and acquires qualification of
GNM, the same would not be in the interest of working of the
Department.
The submission of learned counsel for the respondents
that the Rule 112 of the Rajasthan Service Rules, 1951 also
provides a condition that if the Government Servant wants
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[2025:RJ-JD:21439] (3 of 4) [CW-8499/2025]
study leave, it should be in the interest of the service to which
Government servant belongs, this Court finds that if the Rule
making authority has clearly demarcated two situations by
giving benefit of study leave in the interest of the working of
the Department as well as in the interest of service to which
Government servant belongs plain and purposeful
interpretation has to be made of such Rule.
The rule making authority has kept in mind that it is the
working of the Department, which is benefited by virtue of
acquiring higher qualification by the employee and as such the
employee belonging to cadre of Class-IV cannot be presumed,
to be not acquiring such course of study, which would
ultimately not be in the interest of working of the Department.
This Court had occasion to consider the similar issue in
the case of Dr.Sheikh Mohmmad Afzal (supra) and the
relevant portion of the order is quoted hereunder:-
“The submission of learned counsel for the
respondents that the candidate, if appointed in a
particular stream, later on joins in Post-graduation in
other stream and as such, the change of stream
cannot be in benefit of the State, as when such
candidate reverts back, he is appointed on the same
post, this Court finds that if the Senior Demonstrator
or Assistant Professor acquires higher education/Post-
graduation in Medical Science, his/her study or
knowledge cannot go waste and the same can always
be used by the Government, considering the higher
education acquired by such candidate.”
The submission of learned counsel for the respondents
that the benefit, which was granted to the other candidates has
been withdrawn or wrong orders if has been passed in past will
not give right to the petitioners to claim benefit of study leave,
this Court finds that the Rule making Authority once has
provided in Rule 112 of the Rajasthan Service Rules, 1951
making a person entitled for grant of study leave in the interest
of the working of the Department, such entitlement cannot be
denied to the Government Servant.
This Court accordingly finds that the order dated
25.08.2015, has not been passed by the respondents in legal
and proper manner and accordingly, the same is set aside. The
petitioners are held entitled for grant of study leave and they
will also be entitled for the consequential reliefs, which flow
from granting of study leave. The compliance of this order will
be made within a period of six weeks from the date of receipt
of certified copy of this order.
The present writ petition stands allowed, accordingly.”
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[2025:RJ-JD:21439] (4 of 4) [CW-8499/2025]
4. In view of the above, the present writ petition is allowed
in the same terms and conditions as in the case of Himmat
Singh (supra).
5. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
295-KashishS/-
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