Ramkrishan Upadhyay
Chandigarh, February 9
In a significant judgment, the Central Administrative Tribunal (CAT), Chandigarh, has quashed the order of the Government Medical College and Hospital, Sector 32, declining study leave to four nursing officers.
The Bench, comprising Suresh Kumar Monga and Rakesh Kumar Gupta, has directed the GMCH to relieve them forthwith from their duties enabling them to pursue their higher studies without loss of any further time.
Dinesh Lawat, Rajesh Kumar Shyoran, Lokesh Parshar and Vijay Kumar approached the CAT after the GMCH denied them permission to do MSc nursing course. The nursing officers said they had been selected for MSc nursing course against the government quota at Nursing College, Gharuan, which is affiliated with the Baba Farid University of Health Sciences, Faridkot. They submitted applications to the medical college on October 30, 2021 requesting therein to grant tem study leave for a period of two years.
Their request for grant of study leave was declined on the ground that it can be granted for the courses imparted by government institutions only. The applicants pleaded that if the Chandigarh Administration did not have its own rules, then the rules governing the corresponding posts in the state of Punjab will be applicable ispo facto.
The medical college justified its decision and also said there was a huge rush of patients, which was likely to increase manifold in the coming weeks and, therefore, the applicants cannot be spared to pursue higher study.
The Bench said the approach of the respondents while declining the leave was highly irrational.
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