Rajasthan High Court - Jaipur
Dilip Gehlot S/O Shri Punam Chand Gehlot vs The State Of Rajasthan on 19 July, 2019
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12094/2019
Dilip Gehlot S/o Shri Punam Chand Gehlot
----Petitioner
Versus
The State Of Rajasthan
----Respondent
For Petitioner(s) : Mr.Sunil Kumar Singodiya For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 19/07/2019 Learned counsel submitted that the petitioner had applied for pursuing Ph.D. course under the Quality Improvement Programme (QIP) in IIT Roorkee.
Learned counsel submitted that the petitioner has been duly selected in the said course.
Learned counsel submitted that the petitioner had applied for grant of study leave as per the policy of the State Government.
Learned counsel submitted that by the impugned order 9th July, 2019, the petitioner has been granted study leave for two years with half salary similar to the provisions of Rajasthan Service Rules (RSR).
Learned counsel submitted that as per the State Policy for study leave to improve quality of technical education, the Government itself has decided to grant full pay for Ph.D. and it is for the entire period, i.e., three years.
Learned counsel submitted that once policy of the State Government has been laid down, the order issued by the (Downloaded on 01/09/2019 at 08:12:06 PM) (2 of 2) [CW-12094/2019] respondents, restricting it to two years with half salary, is contrary to own policy of the State Government and RSR provisions cannot be made applicable to the present case.
Learned counsel further submitted that the petitioner is required to execute a bond before joining the said course at IIT Roorkee and as such, he has to give an undertaking that he will complete the course within three years.
Issue notice of the writ petition as well as stay application, returnable within three weeks.
In the meanwhile, if the petitioner joins in pursuance of the selection for Ph.D course, his rights for duration of the course and study leave will be protected.
This order would be subject to final outcome of this writ petition.
(ASHOK KUMAR GAUR),J Preeti Asopa /81/70 (Downloaded on 01/09/2019 at 08:12:06 PM) Powered by TCPDF (www.tcpdf.org)