Kakali Bose vs Govt. Of NCT Of Delhi And Anr.

The applicant Smt. Kakali Bose, Nursing Officer availed of leave from 01.08.2012 to 16.06.2014 for pursuing B.Sc. (Nursing) Course. Subsequently, she requested for permission on 12.05.2018 to appear in M.Sc. (Nursing) entrance examination to be held on 27.05.2018 and July, 2018. It appears that she gave leave applications on 08.06.2018 and 20.06.2018 for grant of Earned Leave (EL) and Extra Ordinary Leave (EOL) for pursuing two years M.Sc. (Nursing) course, which was rejected on 07.07.2018. She again intimated her intention to join full time M.Sc. (Nursing) course w.e.f. 16.07.2018. After considering her application, the respondent organization rejected it on grounds that the hospital where the applicant is working is a non-teaching institution, and therefore acquiring M.Sc. (Nursing) qualification is not beneficial to the hospital. Further, due to shortage of manpower and in the interest of patient care, she could not be permitted to proceed on two years long leave. It was also noted that she had already been granted study leave from 01.08.2012 to 16.06.2014 for pursuing full time B.Sc. (Nursing) course.

The applicant has contended that every person has a right to higher education and there is no shortage of staff in the hospital of respondent no.2. Therefore, she could not be denied leave and permission to pursue M.Sc. (Nursing) course. She has stated that she had already availed full time study leave of almost two years for pursuing B.Sc. (Nursing) course and is now seeking EL/EOL for pursuing M.Sc. (Nursing) course. She has alleged that non-sanction of leave is violative of her fundamental rights.

The applicant has prayed that Office Order dated 28.08.2018 by which her representation dated 11.07.2018 for sanction of study leave was rejected, be set aside and the respondents be directed to grant her EL and EOL w.e.f. 16.07.2018 till completion of the examination of the said M.Sc. (Nursing) course.

The respondents have opposed the claim of the applicant and have stated that she has already been sanctioned two years study leave to pursue B.Sc.(Nursing) course. They have also stated that prior permission is necessary to join educational institution as per circulars and service rules in force whereas the applicant took the examination and M.Sc. (Nursing) Course without prior approval of the competent authority. They have also stated that the patient load has increased exponentially and all the staff of the respondent institution is over burdened. They further stated that as per Rule 7 (1) and 7 (2) of the CCS (Leave) Rules, leave cannot be claimed as a matter of right and can be refused in exigencies of public service. As per the respondents, a maximum of 24 months study leave can be availed of by a government servant and the applicant has already been sanctioned 24 months study leave earlier for pursuing B.Sc. (Nursing) course. They have stated that keeping in mind the insufficient staff strength and the fact that the respondent institution is a non-teaching institution where no benefit of the applicant's higher study can be availed of, desired leave cannot be sanctioned to her. It is also the contention of the respondents that since the applicant has already been sanctioned study leave for pursuing B.Sc. (Nursing) course, further leave for higher studies cannot be sanctioned as per the rules.

Heard Sh. Lalta Prasad, learned counsel for the applicant and Sh. Pratap Shankar, learned counsel for the respondents.

Where it cannot be denied that every person has a right to pursue higher studies and indulge in self improvement, has also to be balanced with the interest of respondent organization and its patients in this case. It is also to be kept in mind that the applicant has already been granted two years study leave for pursuing B.Sc. (Nursing) course. Rule 7(1) & 7(2) of the CCS (Leave) Rules, which are relevant for adjudication of this case, read as under:-

"7. Right to leave

(1) Leave cannot be claimed as of right.

(2) When the exigencies of public service so require, leave of any kind may be refused or revoked by the authority competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Government servant."

It is clear that leave cannot be claimed as a matter of right and when the exigencies of public service so require the same can be refused. In this case, the patients and staff shortage are reason enough for the leave to be refused. It is also seen that the applicant applied for the leave subsequent to actually taking the examination which clearly shows her intention of pursuing M.Sc. (Nursing) course without permission of the employer/competent authority or duly sanction of leave. It has come to light that the applicant is already pursuing M.Sc. (Nursing) course even without leave being sanctioned. It has to be kept in mind the applicant has already been sanctioned two years study leave for pursuing B.Sc. (Nursing) course, there are certain obligations on her part towards her employer and she cannot just pursue higher studies again and again at the cost of the employer. In case she wishes to pursue higher studies, she has to choose between that and her employment with the respondents on their refusal to sanction leave.

In light of the above, the OA is dismissed being bereft of merits. There shall be no order as to costs.