Pat HC | State directed to consider payment of salary under R. 205 or R. 37, Bihar Service Code, where petitioner was given study leave

Patna High Court: Anil Kumar Upadhyay, J., disposed of the writ petition with a direction to the respondents to take appropriate decision with regard to payment of salary for the period of study leave granted by the respondents.

In the pertinent case, the petitioner moved to this Court because of the non-consideration of his case for grant of salary for the period of study leave in terms of the provisions of the Bihar Service Code.

Mahasweta Chatterjee, counsel for the petitioner submitted that Rules 180, 206, and 236 of the Bihar Service Code are not attracted in the case of the petitioner because under the Rules, 2 years leave with salary is admissible for the purpose of enhancing efficiency. It was observed that the scheme of granting leave with salary for enhancing efficiency is different from enhancing educational qualification. The petitioner was granted study leave at his request and it is not a case that the petitioner was sent for any kind of research work which may be treated as enhancing efficiency. Such a scheme of enhancing efficiency is not attracted in the case of the petitioner. She thereafter placed reliance on Rule 205 of the Bihar Service Code to contend that Rule 205 permits grant of study leave with half salary.

High Court observed that “Since the petitioner was granted study leave, there is no justification not to decide entitlement of petitioner one way or the other with regard to benefit of salary whether full or half available to the petitioner. The writ petition is disposed of with a direction to the respondents to take appropriate decision with regard payment of salary for period of study leave granted by the respondents. If they decide that the petitioner is entitled to half salary leave, then they have to take appropriate decision and grant benefit of Rule 205 of the Bihar Service Code for grant of half salary for the period of study leave or if they admit that it is a leave granted under Rule 37 of the Service Rule, Annexure-7, then they have to consider the case of the petitioner for grant of full salary which is admissible under Rule 37 of the Rules. [Suresh Kumar v. State of Bihar, 2019 SCC OnLine Pat 1681, decided on 24-09-2019]

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