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A useful information. Irrespective of the fact as to whether this judgement is applicable to the individual concerned, others can rely upon the same to the extent relevant. The provisions of G.O.Ms No.200 dated 19-4-1996 issued by the P& AR department were not strictly adhered to by the Department concerned and within 15 days' , the applicant was not informed about the decision which appears to be the main reason for deciding the petition in favour of the applicant. Even otherwise,it would not be proper for the Government authorities to disallow one from persuing higher studies.
The title must be "Employee can study LLB if superior fails to reply the request letter within 15 Days. This applies in various areas. www.lawyerchennai.com
always court says only on individual cases only , i agree with Mr PS Dinghra.
A very cruel joke has been cut by the author, when he posts a copied misleading artilce with the caption, "employee can study full time LLB course if superiors fail to grant permission." The order passed by the Hon'ble High Court applied only to the concerned petitioner, not as a general rule for one and all, nor the Tamil Nadu Government has changed its conduct rules for the employees on higher studies.
Moreover, the case law quoted by the author nowhere states that any person, other than the petitioner can also study full time LLB course as per the order of the court available in the judgment. Any case law cannot be made a universal application unless the court orders for change of statutory rules on conduct & discipline of employees. Moreover the author has not quoted the reference number of the Government order of April 1996.
It is not his original article, but a copied contents of articles from different websites and pasted as if his own. The most of his article is copied from the Google searched Article captioned as "Employee gets nod to pursue law course, and published in the HINDU newspaper on June 12, 2011, as well as the case law published on the website of the Indian Kanoon, as available at the following links:
hon court is right. besides i have to add when the GO is 1996 permits one to grant leave within 15 days, if not granted or not responded, it can be taken as 'granted' the dept cannot terminate him on the score that it did not grant leave, so obviously he can get paid leave as per his eligibility or avail unpaid leave under loss of pay, loss of pay period would affect his seniority only in his cadre. When he finishes the exam the govt may pass resolution granting extraordinary leave without pay and the other period as paid leave besides he can be absorbed if he chooses, to be retaken in the dept.
here he resins that is his wish ; otherwise he can seek job back too is my view, as work is preserver of life under art 21, right to life is a fundamental right. that can be invoked by him by high lighting the Art 51A of Part IVA of the fundamental duties of the state authorities - so fundamental rights are indeed sacxrosanct in india,
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