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2026 DAILYLAW 327 (UTT)

RAJESH v. STATE OF UTTARAKHAND

WPSS/473/2025 · 2026-01-02

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:56 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/473/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Dushyant Mainali, Advocate for the petitioner. 2. Mr. Ganesh Dutt Kandpal, Deputy Advocate General for the State of Uttarakhand / respondents. 3. Petitioner is serving as Assistant Teacher in a Government Primary School in Uttarakhand. According to him, he took admission in Ph.D. Course in February, 2025 and he thereafter applied for study leave of 180 days. The application for leave made by the petitioner is not being considered, therefore, he has filed this writ petition, seeking the following relief:- “(A) Issue a writ order or direction in the nature of Mandamus commanding and directing the respondent authorities to grant study leave to the petitioner from 01.03.2025 ot 27.08.2025 for pursuing Ph.D. course by converting it from leave without pay as sanctioned in favour of the petitioner vide 22.02.2025, and further be pleased to direct the respondents to grant the petitioner half salary and also grant all consequential service benefits such as selection grade, pay fixation and arrears, etc., in view of Rule 84 of U.P. Fundamental Rules and Rule 146A of Subsidiary Rules of Financial Handbook.” 4. Study leave cannot be claimed as a matter of right and the employer has an inherent right to grant or refuse the study leave, depending upon the facts and situation of each and every case, however, this Court thinks that ends of justice would be met, if competent authority is directed to take decision on 2026:UHC:56 petitioner’s pending representation. 5. The writ petition is, accordingly, disposed of with a direction to the District Education Officer, Chamoli to consider petitioner’s representation dated 18.3.2025, as per law, within four weeks from the date of presentation of certified copy of this order. (Manoj Kumar Tiwari, J.) 02.01.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a 131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56 D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.01.02 16:55:07 +05'30'