1 2025:CGHC:59968 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 13570 of 2025 1. Sunil Kumar Sinha S/o Shri Mukti Ram Sinha Aged About 41 Years R/o Ward No. 24, Amatalab Road, Dhamtari, District - Dhamtari Chhattisgarh 2. Bedram Sonkar S/o Shri Keshav Ram Sonkar Aged About 44 Years R/o Village Parkhandda Gudguda, District Dhamtari Chhattisgarh 3. Dikeshwari Dhruw S/o Shri Rohindra Kumar Aged About 39 Years R/o Village Bhendra, Charauta, District Dhamtari Chhattisgarh 4. Kunti Nag W/o Shri Duleshwar Kashyap Aged About 35 Years R/o Village Ward No. 1, Amali, Post Nagri, District Dhamtari Chhattisgarh 5. Kamalkant Mahipal S/o Kishun Ram Mahipal Aged About 35 Years R/o Village Bazar Para Tarsiwa, P.O. Tarsiwa, District Dhamtari Chhattisgarh 6. Chowa Ram Sahu S/o Late Jagdev Aged About 44 Years R/o Village Ward No. 3 Gattasilli, District Dhamtari Chhattisgarh 7. Bhuneshwar Baghel S/o Tula Ram Baghel Aged About 33 Years R/o Village Pattharlipara, Aganbadi, Metawada, P.O. Asna, District Bastar Chhattisgarh 8. Sheshank Baghel S/o Sanjay Kumar Baghel Aged About 30 Years R/o House No. 10, Punjiguda Para, Bhond, P.O. Lamker, District Bastar Chhattisgarh --- Petitioner(s) versus 1. State Of Chhattisgarh Through Its Principal Secretary, Department Of Livestock And Development, Mahanadi Bhawan Atal Nagar, Nava Raipur, Health District Raipur Chhattisgarh 2. Under Secretary Department Of Livestock And Development, Mahanadi Bhawan Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 3. The Director Department Of Veterinary Science, Ground Floor, Block 3, Indrawati Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.12.19 11:17:34 +0530 2 4. The Deputy Director Of Veterinary Service, District - Dhamtari Chhattisgarh 5. The Deputy Director Of Veterinary Service, District - Bastar Chhattisgarh 6. Chattisgarh Kamdhenu University Through Its Registrar, Anjora, District - Durg Chhattisgarh 7. The Registrar Chhattisgarh Kamdhenu University, Anjora, District Durg Chhattisgarh --- Respondent(s) WPS No. 12063 of 2025 1. Dhaneshwar Rajak S/o Shri Ram Sharan Rajak, Aged About 43 Years Presently Working As Artificial Insemination Sub Centre, Mopka Block Bilha, District Bilaspur ---Petitioner(s) Versus 1. State Of Chhattisgarh Through The Principal Secretary, Department Of Livestock Development Mahanadi Bhawan, Mantralaya, Naya Raipur Atal Nagar (C.G.) 2. The Under Secretary, Govt. Of C.G., Department Of Livestock Development, Mahanadi Bhawan, Mantralaya, Naya Raipur Atal Nagar (C.G.) 3. The Director, Directorate Of Veterinary Services, Ground Floor, Block Iii, Indrawati Bhawan, Nawa Raipur Atal Nagar (C.G.) 4. The Joint Director, Veterinary Services, Bilaspur, District Bilaspur (C.G.) 5. Chhattisgarh Kamdhenu University, Through Its Registrar, Chhattisgarh Khamdhenu University, Anjora, District Durg (C.G.0 6. The Registrar, Chhattisgarh Kamdhenu University, Anjora, District Durg (C.G.) --- Respondent(s) WPS No. 12031 of 2025 1. Deepak Kumar Markam S/o Shri Ramkishan Markam Aged About 42 Years Working As Attendant, Veterinary Dispensary Jhinghatpur Block Kota, District Bilaspur Chhattisgarh ---Petitioner(s) Versus 3 1. State Of Chhattisgarh Through The Principal Secretary, Department Of Livestock Development Mahanadi Bhawan, Mantralaya, Naya Raipur, Atal Nagar Chhattisgarh 2. The Under Secretary Govt. Of Chhattisgarh, Department Of Livestock Development, Mahanadi Bhawan, Mantralaya, Naya Raipur Atal Nagar Chhattisgarh 3. The Director Directorate Of Veterinary Services, Ground Floor, Block Iii, Indrawati Bhawan, Nawa Raipur Atal Nagar Chhattisgarh 4. The Joint Director Veterinary Services, Bilaspur District Bilaspur Chhattisgarh 5. Chhattisgarh Kamdhenu University Through Its Registrar, Chhattisgarh Kamdhenu University Anjora, District Durg Chhattisgarh 6. The Registrar Chhattisgarh Kamdhenu University, Anjora, District Durg Chhattisgarh --- Respondent(s) WPS No. 12013 of 2025 1. Prakash Singh Markam S/o Late Gurudayal Singh Aged About 30 Years Presently Working As Attendant, Veterinary Dispensary Salkha (Nawagaon) Block Kota, District Bilaspur (C.G.) --- Petitioner(s) Versus 1. State Of Chhattisgarh Through The Principal Secretary, Department Of Livestock Development Mahanadi Bhawan, Mantralaya, Naya Raipur, Atal Nagar (C.G.) 2. The Under Secretary Govt. Of C.G., Department Of Livestock Development Mahanadi Bhawan, Mantralaya, Naya Raipur, Atal Nagar (C.G.) 3. The Director Directorate Of Veterinary, Services, Ground Floor, Block Iii, Indrawati Bhawan, Nawa Raipur Atal Nagar (C.G.) 4. The Joint Director Veterinary Services, Bilaspur, District Bilaspur (C.G.) 5. Chhattisgarh Kamdhenu University Through Its Registrar, Chhattisgarh Kamdhenu University Anjora, District Durg (C.G.) 6. The Registrar Chhattisgarh Kamdhenu University, Anjora, District Durg (C.G.) --- Respondent(s) For Petitioner(s) : Mr. Prateek Sharma and Mr. Gagan Tiwari, Advocates For State : Mr. Keshav Prasad Gupta 4 For Respondent University : Mr. Ali Asgar, Advocate, Ms. Priyanka Rai, Advocate on behalf of Mr. Shashank Thakur, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 10.12.2025 1. Since in all these three writ petitions common question of law and facts are involved and the grievance of the petitioners is also one and same, they are heard analogously and are being disposed of by this common order. 2. The petitioners who are employees of Animal Husbandry Department and appointed as Attendant which is Class-IV post and for promotion from Class-IV post to Class-III, it is necessary that the petitioners should have upgraded their educational qualification. The State of Chhattisgarh has framed Chhattisgarh Veterinary Class-III (Executive and Non-Ministerial) Service Recruitment Rules, 2009 (in short “Rules of 2009”). As per the Rules of 2009, 10% posts of Assistant Veterinary Field Officer are reserved for promotion of Attendant and as per the qualification the Class-IV employee should have passed the departmental training i.e. Veterinary Polytechnic Diploma Course as departmental candidate and Higher Secondary 10+2 Examination with Biology Group with 5 years of service. 3. Since the petitioners have completed more than the requisite length of service and also cleared 10+2 examination from Biology, but they are lacking qualification of Veterinary Polytechnic Diploma, as such, they have moved applications before the State Government for allowing them to prosecute their higher education. The applications were considered and permission was granted to them by the Deputy 5 Director/Joint Director, of Veterinary Service District - Dhamtari/Bastar (C.G.) on 22.05.2025 to appear in the examination. In pursuance of permission granted by the Deputy Director/Joint Director of Veterinary Service District - Dhamtari/Bastar (C.G.), the petitioners have participated in the examination and also cleared the admission examination as evident from Annexure P/1 which is the list of candidates issued by Dau Shri Vasudev Chandrakar Kamdhenu Vishwavidyalaya, Durg (C.G.). 4. In pursuance of their admission they again requested the respondent authorities to relieve them for their studies which was not considered and the same was rejected on 07.11.2025 which has necessitated the petitioners to file these writ petitions and they have prayed for following reliefs: “10.1 That, in light of the fact and circumstances of the case, it is humbly prayed that the Court may kindly issue an appropriate writ, order or direction quashing and setting aside the impugned orders/communications whereby the respondents have refused or withheld the grant of study leave or equivalent leave to the petitioners for pursuing the Diploma in Animal Husbandry course, despite their selection through the CG PVPT examination for the academic year 2025-26. 10.2 It is further prayed that this Hon'ble Court be pleased to direct the respondents to forthwith, grant study leave (or such other admissible leave as may be appropriate) to each of the petitioners under the Chhattisgarh Civil Services (Leave) Rules, 2010, for the full duration of the Diploma in Animal Husbandry course, with all consequential benefits, subject to execution of bond or conditions as per the said Rules 10.3 Alternatively, the petitioners further pray that this Hon'ble Court may pass such other writs, orders, or directions as may be deemed just, proper, and necessary in the facts and circumstances of the case, including interim protection permitting them to join and continue their Diploma course pending final adjudication, so as to prevent irreparable loss to their educational and service prospects 6 10.4 Any other relief/direction that the Court may deem fit in the facts and circumstances of the case.” 5. This Court has directed the State in WP(S) No. 12013/2025 to file their affidavit. In pursuance of direction given by this Court, the State has filed the affidavit wherein they have stated as under: “b. That, the deponent respectfully submits that in the departmental set-up, total 2232 post of Assistant Veterinary Field Officer has ben sanctioned by the State Government. c. That, the deponent respectfully submits that as per the Departmental Recruitment Rules, 10% post of total sanctioned post of Assistant Veterinary Field Officer is reserved for promotion to be granted to the Class IV employee subject to fulfilling the requisite qualification and criteria for promotion and according to this provision, 10% post of the aforesaid total posts of Assistant Veterinary Field Officer came to 223 posts. d. That, the deponent respectfully submitted that as of now, out of 223 promotional posts, 211 posts are already occupied by way of promotion granted to the Class-IV employees and 12 posts are still vacant. It is respectively submitted that in upcoming two years i.e. 2026 and 2027, there will be vacancy of 28 promotional posts on account of retirement. e. That, the deponent respectfully submits that on earlier occasions, 2 Class IV employees have been granted permission to pursue the said 2 years diploma course in terms of Rule 42 of the Chhattisgarh Leave Rules, 2010 and still they are pursuing. It is submitted that the permission to pursue the said 2 years diploma course can also be granted to the petitioner under Rule 42 of the Chhattisgarh Leave Rules, 2010 at his own cost and expenses.” 6. Thus, the respondents in unequal terms have stated that they are ready and willing to consider the case of the petitioners for granting leave for studies as per the provisions of Rule 42 of the Chhattisgarh Civil Services (Leave) Rules, 2010. Rule 42 of the Chhattisgarh Civil Service (Leave) Rules, 2010 reads as under: “Rule 42. Conditions for grant of study leave.- (1) Subject to the conditions specified in these rules, study leave may be granted to a Government servant with due regard to the exigencies of public service to enable him to undergo, in or out of India, a special course of study consisting of higher studies or specialized training in a professional or a technical subject having a direct and close connection with the sphere 7 of his duty. (2) Study leave may also be granted - (i) for a course of training or study tour in which a Government servant may not attend a regular academic or semi-academic course, if the course of training of the study tour is certified to be of definite advantage to Government from the point of view of public interest and is related to the sphere of duties of the Government servant; and (ii) for the purpose of studies connected with the frame- work or back ground of public administration, subject to the conditions that - (a) the particular study or study tour should be approved by the authority competent to sanction study leave; and (b) the Government servant should be required to submit on his return, a full report of the work done by him while on study leave. (iii) for the studies which may not be closely or directly connected with the work of the Government servant, but which are capable of widening his mind in a manner likely to improve his abilities as a civil servant' and to equip him better to collaborate with those employed in other branches of the public service. (3) Study leave shall not be granted unless- (i) it is certified by the Administrative Department that the proposed course of study or training shall be of definite advantage from the point of view of public interest; (ii) It is for prosecution of studies in subjects other than academic or literary subject: Provided that a specialist or a technical person may be granted study leave, on merits of each case for prosecuting a postgraduate course of study directly related to the sphere of his duty in case the Secretary to the Department concerned certifies that the course of study shall enable the specialist or the technical person, as the case may be, to keep abreast with modern development in the field of his duty, improve his technical standards and competence and thus substantially benefit the Department. (iii) The Economic Affairs Department of the Government of India, Ministry of Finance agree to the release of foreign exchange involved in the grant of study leave, if such leave is out of India. (4) Study leave out of India shall not be granted for the prosecution of studies in subjects for which adequate facilities exist in India. (5) Study leave may be granted to a regular Government servant - (i) who has satisfactorily completed the period of 8 probation and has rendered not less than five years' continuous service including the period of probation and service in ad-hoc capacity under the Government; (ii) who is not due to reach the age of superannuation from the Government service within three years from the date on which he is expected to return to duty after the expiry of leave; (iii) who executes a bond as laid down in rule 49 undertaking to serve the Government for a period of three years after the expiry of leave. (6) Study leave shall not be granted to Government servant with such frequency as to remove him from contact with his regular work or to cause cadre difficulties owing to his absence on leave.” 7. Since the respondents have taken a decision to grant permission for the said two years diploma Court as per Rule 42 of the Chhattisgarh Leave Rules, 2010 at its own cost and expenses, as such, nothing is required to be adjudicated by this Court, however, considering the fact that new academic session has already started, the attendance in a professional course is very much necessary, therefore, a direction is required to be issued to the respondents to relieve the petitioners within 15 days from the date of receipt of copy of the order without any further delay. It is also directed that the respondents shall carry out all the necessary formalities which are required for relieving the petitioners within the said period and no delay tactics should be adopted by any Government official. 8. With aforesaid observation and direction, the writ petitions are disposed of. Sd/- (Narendra Kumar Vyas) Judge Manish