Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 8471 (UTT)

MANISH KUMAR v. STATE OF UTTARAKHAND

WPSB/341/2021 · 2025-06-10

Manoj Kumar Tiwari, Subhash Upadhyay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4750-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/341/2021 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. Dushyant Mainali, learned counsel for the petitioners. 2. Mr. K.N.Joshi, learned Deputy Advocate General for the State. 3. Petitioners were nominated for Post Graduate course in Sushila Tiwari Medical College, Haldwani, District Nainital. They have successfully completed M.D. (Physiology) course. In this writ petition, they contend that they are entitled to full salary during the period of study leave availed by them for pursuing the Post Graduate Course. 4. Learned State counsel submits that the State Government has taken a policy decision as indicated in G.O. dated 19.05.2017 that, henceforth, all the Medical Officers who are members of Provincial Medical and Health service, shall be paid average half salary for the period of study leave, during which they pursue the P.G. Medical Course. 5. Therefore, he submits that the petitioners cannot claim full salary during the period of study leave. He further submits that the petitioner are not challenging the Government Order dated 19.05.2017 which provides that a Government Doctor would be entitled only the half salary during which they 2025:UHC:4750-DB pursue the P.G. Medical Course. Full salary during the period of P.G. Medical Course cannot be claimed. Whatever benefits the petitioners were entitled as per Government policy has been given to them. 6. Be that as it may, according to the submission made by learned State counsel, full salary during the period of study leave cannot be claimed. Whatever benefit petitioners were entitled to as per Government Policy has been given to them. 7. There is no scope for interference. Writ Petition fails and is dismissed. (Subhash Upadhyay,J.)(Manoj Kumar Tiwari, J.) 10.06.2025 Kaushal 2025:UHC:4750-DB