CW 12880/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.12880/2009 Banwari Lal Verma Versus Chief Engineer Jaipur Vidyut Vitran Nigam Ltd & Anr. Date of Order ::: 14/10//09 Hon'ble Mr. Justice Ajay Rastogi Mr. HR Kumawat, for petitioner Petitioner working as UDC in JVVNL (respondents) has approached this Court with the grievance that his leave applied for 116 days have been arbitrarily sanctioned as Privilege leave whereas medical leave at his credit ought to have been sanctioned on being supported by sickness cum fitness certificate duly verified by medical officers of Government hospitals, which have not been considered by respondents authority while privilege leave being sanctioned vide order dt.28/08/08 (Ann.6). It appears from the record that earlier leave applied for by petitioner was sanctioned without pay vide order dt.28/08/08 (Ann.6) but on his representation, it was treated as privilege leave and modification was made vide subsequent order dt.06/10/08 (Ann.8). Counsel submits that once medical leave was available to his credit in leave account, respondents could not have sanctioned privilege CW 12880/09 //2// leave under orders impugned. In the opinion of this Court, submission made by Counsel is devoid of merit for the reason that under Scheme of Rules, leave cannot be claimed as a matter of right and if the authority has examined the matter of leave and taking note of the material on record, considered to sanction privilege leave, there cannot be any arbitrariness either to sanction privilege leave in lieu of medical leave. As observed (supra), if petitioner has no legal right to claim, action of the authority cannot be said to be arbitrary which may require interference in equitable jurisdiction of this Court U/Art.226 of the Constitution. Consequently, the writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.2/ 12880CW09Oct14-Ds.doc