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Judgment
The Court : The appeal has arisen from an order dated August 9, 2018 passed by the Hon'ble Single Bench in W.P. No. 682 of 2018, whereby and whereunder the writ petition was disposed of without affording an opportunity of hearing to the respondents to file affidavit-in-opposition. Our attention is drawn to the letter dated 5th July, 2017, issued by the writ petitioner to the Indian National Centre For Ocean Information Services, Ministry of Earth Sciences, Government of India, indicating that there is no provision for adjustment of the leave taken for research purposes with further assertion that the writ petitioner exhausted entire earned leave which was accumulated during her service career. The Hon'ble Single Bench appears to have been swayed by the fact that the respondent authorities received the compensation from the Government of India for the said project and directed the authorities to grant the leave with retrospective effect within a specified time.
Mr. Mal, the learned Advocate appearing for the respondent authorities, submits that once the College has received money for the said project and the petitioner was engaged therein, it is inconceivable that the petitioner would still have to bear the burden of deduction of salary for such leave.
However, we feel that the matter should be considered after the Christmas vacation and it is open to the parties to file their respective affidavits in the meantime.
Let this matter be listed on 16th January, 2019.
The respondents are directed to file the affidavit-in-opposition by 4th January, 2019. Reply, if any, shall be filed within 11th January, 2019.
Considering the nature of the order, we feel that the operation of the impugned order should remain stayed till 18th January, 2019 or until further order, whichever is earlier.