AI Structured Summary
Not yet generated for this judgment
Judgment
Petitioner has filed the present writ petition challenging order dated 25.04.2006 passed by respondent No.1 i.e. Chief Engineer, M.P. Madhya Kshetra Vidyut Vitran Company Limited, Motijhil, Gwalior. By the impugned order dated 25.04.2006, contained in Annexure P/11, study leave granted to petitioner between 21.10.2003 to 20.10.2004 was adjusted in earned leave, commuted leave, leave not due and extra ordinary leave.
It is argued by the counsel appearing for the petitioner that there is circular issued by the M.P. State Electricity Board on dated 29.11.2000 in pursuance to the policy decision dated 21.08.2000. As per this circular, officers and employees of the respondents-company can take computer training/computer education to achieve optimum computerization in Board's work. The employees, who were going for computer training would be given study leave. Employees must do recognized courses i.e. courses conducted by the Government, Semi Government Institutions and Universities only. There was also a condition that on failure in examination, recovery of paid leave will be made from the salary of the employees. Officers and employees more than 30 years of age would be entitled for grant of study leave.
Petitioner was sanctioned study leave vide order dated 18. 10.2003 for doing PGDCA course from Bonnie Foi College, Bhopal, which is affiliated to Barkatullah University. Petitioner could not get admission in Bonnie Foi College in PGDCA course, therefore, he took admission in ICCI Computer Academy, Bhopal for one year's PGDCA course. Petitioner duly informed the respondents regarding his admission, but study leave was not denied to the petitioner at that time, nor any refusal was communicated to him that he may not take admission in ICCI Computer Academy, as he was given study leave to do course from Bonnie Foi College. Later on, issue was raised that petitioner had not taken admission in the institute for which he took permission to do computer course and had also failed in the said course. Therefore, the salary paid to him, on study leave may be recovered from his current salary. Later on, petitioner passed the PGDCA course successfully and issue of salary was settled and finally the Board passed order that study leave of petitioner is canceled and all the period of study leave will be adjusted in various leaves, which are admissible to the petitioner under the Leave Rules.
Counsel appearing for the petitioner further argued that petitioner has taken study leave as per the Circular of the Board and there was no illegality neither he suppressed any fact. He has passed PGDCA course successfully, therefore, study leave granted to him may not be adjusted against various leave heads, which are admissible to petitioner under the Leave Rules and order dated 25.04.2006 may be quashed.
Counsel appearing for the respondents submitted that reply has already been filed. He raised contention that as per the circular of the Board, study leave is to be granted for doing computer training/computer education from the institutions, which are Semi-Government Institutions, Universities or recognized courses i.e. courses conducted by the Government Institutions. Petitioner has not done his computer education i.e. PGDCA course from Government, Semi-Government Institution or University, therefore, he cannot be granted study leave. It is further argued by him that as per the document, which has been filed by the petitioner, contained in Annexure P/3, it is clear that ICCI Computer Academy is only a Study Center of Makhanlal Chaturvedi University. Institute Director of ICCI Computer Academy, Bhopal has informed that ICCI Computer Academy is only a Study Center. Since ICCI Computer Academy institution is a study center, therefore, it does not fall within the definition of institution, as per the Circular dated 21.08.2000 and there is no illegality in the order dated 25.04.2006 passed by the respondents. It is further submitted that salary for the said period has already been paid to the petitioner.
Considering the arguments raised by the parties, it is clear that petitioner has done his computer course from ICCI Computer Academy, Bhopal, which is not an institute recognized by the Government, Semi-Government Institute and University. Said institute is only a study center, therefore, petitioner cannot be granted study leave as per circular of the Board and impugned order was rightly passed by respondents.
In this view of the matter, writ petition filed by the petitioner is dismissed.