IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 331 of 2006 (S/B) Amit Chand ….…… Petitioner Versus Director, HR, ONGC and others ………. Respondents Mr. Sanjay Bhatt, Advocate holding brief of Mr. Rakesh Thapliyal, Advocate for the petitioner. Mr. L.P. Naithani, Senior Advocate with Mr. J.P. Joshi, Advocate for the respondents. Date of Judgment: 24.03.2011 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Sudhanshu Dhulia, J. BARIN GHOSH, C.J. (ORAL) After having had secured an admission in the University of New South Wales, Australia for pursuing the Post Graduate studies in computer science, petitioner applied for extraordinary leave. Such leave was granted in order to enable the petitioner to complete the Post Graduate studies in computer science. After completion of the extraordinary leave, petitioner submitted a certificate of graduate diploma in computer science. Rule 14 (3) of the Leave Rules authorizes grant of extraordinary leave, subject to the conditions mentioned therein. One of those conditions is, if an employee once granted extraordinary leave for pursuing a particular course, he will not be allowed to change the nature of course. Another is, in case an employee, who is granted extraordinary leave for study purpose, is not able to complete the studies successfully and resumes duty before, on or after expiry of the extraordinary leave so granted, the entire period of such leave and/or absence shall not be reckoned while calculating years of service for his eligibility for promotion. 2. Petitioner contends that the first condition mentioned above is not applicable in his case, while the second condition mentioned above is applicable, in as much as the petitioner, for reasons stated in the petition, was unable to complete the studies. 2 3. The fact remains, whether the petitioner, who was granted leave for pursuing Post Graduate studies in computer science, changed the nature of the course, for he obtained graduate diploma in computer science, or he was not able to complete the course of Post Graduate studies in computer science is of no effect. The said Rule prescribes that if an employee fails to join his duties on the expiry of the leave or resigns/quits the service of his own accord at any time within a period of three years from the date of expiry of extraordinary leave, he shall be liable to pay the Company an amount equal to six months pay plus dearness allowance as per the bond executed by him. This Clause applies. The fact remains that the petitioner did resign/quit his service of his own accord within a period of three months from the date of expiry of the extraordinary leave. Accordingly, whether the petitioner changed the nature of course or whether he was unable to complete the study is of no effect. The fact remains that since petitioner resigned/quit his service of his own accord within a period of three months from the date of expiry of the extraordinary leave, he is liable to pay an amount equal to six months pay plus dearness allowance in terms of the said Rules. 4. That having been levied and the same being authorized by the Rules, governing the service conditions as well as extraordinary leave, admittedly taken by the petitioner, there is no scope of interference with a claim for six months pay plus dearness allowance as impugned in the writ petition. There is no dispute that in lieu of notice in accordance with the conditions of service of the petitioner, he was required to pay three months salary, which having been demanded, which has also been impugned in the writ petition, there is no scope of interference. The writ petition fails and the same is dismissed. (Sudhanshu Dhulia, J.) (Barin Ghosh, C.J.) 24.03.2011 24.03.2011 Amit