Amarjeet Kaur vs State & Ors on 21 January, 2010

                                          SBCWP No.9445/2008
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      S.B. CIVIL WRIT PETITION NO.9445/2008

   Amarjeet Kaur v. State of Raj. & ors

Date of order:21st January, 2010

         HON'BLE MR JUSICE AJAY RASTOGI

Mr H.S. Sidhu, for the petitioner



      Counsel for the petitioner submits that

the controversy, which has been raised in

the    instant     petition,   is    covered      by    the

judgment      of      this        Court     in       SBCWP

No.1899/2005       decided   on    04th   August,      2006

and has also been taken note of in SBCWP

No.530/2009 decided on 02nd February, 2009;

making following observation:

          "From reading of the proviso above,
          it   is   clear  that  it   nowhere
          restricts a widow or a divorced
          lady from getting study leave if
          she   do    not  acquire   required
          qualification within a period of
          three years. The grant of study
          leave is not at all dependent to
          the period prescribed for acquiring
          the eligibility. As such, I do not
          find any just and valid reason to
                                   SBCWP No.9445/2008
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         deny    study    leave     and    other
         consequential    benefits      to   the
         petitioners.
             Accordingly, this petition for
         writ is allowed. The respondents
         are directed     to    sanction   study
         leave to the petitioners and also
         to       make    fixation      of   the
         petitioners in      the   revised   pay
         scales. The petitioners are also
         declared    entitled     for    getting
         annual     grade      increments     in
         accordance with the Rules, if they
         are not otherwise dis-entitled."

      Counsel for the respondents has also not

been able to controvert about the question

being decided by this Court.

      In the light of judgment quoted supra,

present writ petition also stands allowed.

The respondents shall ensure compliance of

the order within three months.



                             [AJAY RASTOGI],J.

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