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Judgment
Heard Sh. Siddharth Nanwal, learned counsel for applicant.
No one appears on behalf of the respondents.
The applicant is working as a Sister Grade-II regular in emergency department JPNATC (AIIMS) w.e.f. 05.11.2007. With a view to enhance his career prospects and ultimately to benefit the patients, the applicant proposed to pursue post basic B.Sc. Nursing Course from Jaipur Nursing College, Jaipur, Rajasthan for a duration of two years w.ef. 30.09.2014 by taking study leave. The no objection for the same was granted to him by respondents on 30.08.2014. However, this NOC was silent about whether the study leave will be with pay or without pay. The fee for the course was accordingly deposited and provisional admission secured. Subsequently, the applicant made a further application on 07.09.2014 to relieve him from the duties to enable him to join the course on or before 30.09.2014. This relieving was issued on 04.10.2014 wherein it was specified with the remarks "Extra Ordinary Leave (E.O.L) for a period of two years w.e.f. 04.10.2014 to 03.10.2016 without Pay and Allowances as per the policy decision on grant of Study Leave." This non-grant of pay and allowances during the study leave is the grievance which has been ventilated in the instant OA.
The applicant brought out that the Institute vide their policy directives dated 31.07.2013 was considering grant of study leave on a case to case basis and that there was no uniform policy implemented in respect of whether study leave will be with pay or without pay. In some other cases the study leave was sanctioned with pay and in some cases it was sanctioned without pay. This particular aspect came under adjudication of the Tribunal in OA No.1897/2015 decided on 22.08.2016 in respect of one of the other nurses working in AIIMS wherein following directions were given:
"3. I have heard learned counsel for the parties and perused the records available. The OA is disposed of with the following directions:-
(i) Respondents shall prepare a policy with proper guidelines for grant of study leave.
(ii) Pending finalisation of such policy, applicant No.2 will be granted two years study leave with full pay and allowances and treating the period of study leave as on duty."
In follow up thereof, a meeting was held by the respondents on 24.11.2016 and policy directives were thereafter issued vide letter dated 02.03.2017. Thus, the applicant brought out that there was no uniform policy being followed during the time the applicant was sanctioned the study leave.
The applicant brings out that at the same point of time one another nurse, namely, Ms. Shakuntla Sehrawat, Sister Grade-I at Dr. Rajendra Prasad Centre for Ophthalmic Sciences, AIIMS was also sanctioned study leave for two years w.e.f. 08.09.2014 vide letter dated 05.09.2014 wherein it was provided that "entire period of training will be treated as on duty and she will be paid full pay and allowances during that period." Thus, the applicant also pleads that there has been discrimination against the applicant in the terms and conditions while sanctioning of study leave. This discrimination cannot be allowed and the applicant sought that, in his case also, respondents be directed to treat the study leave already availed with full pay and allowances.
The respondents in their counter brought out that the request of the applicant for grant of study leave with full pay was considered. However, while study leave was sanctioned, pay was denied in keeping with similar decision in respect of some other nurses of the Institute. The respondents further brought out that they followed the provisions of AIIMS Act, AIIMS Rules and AIIMS Regulations in this regard and the applicant is not entitled for study leave with pay.
Matter has been considered. It is noted that the respondent-Institute had a policy dated 31.07.2013 wherein permission was granted on case to case basis and thus it is likely that an inconsistent view may have been taken in respect of different candidates. However, this anomaly was set right subsequent to the decision in OA No.1897/2015 (para 3 supra) where after the respondent-Institute had issued a policy directive in this regard for uniform application.
Since undergoing a study in relation to the same type of job as nursing is likely to lead to career advancement of the candidate as well as in his ability to serve the patients better, it is felt that this study leave should be granted with full pay. The current policy directives are also to this effect (para 7 supra).
In view of the foregoing, the instant OA is allowed with a direction to the respondents to pay the salary to the applicant for the entire period of study leave within a period of eight weeks from the date of receipt of a copy of this order. No order as to costs.