SBCWP No.9445/2008 1 of 2 S.B. CIVIL WRIT PETITION NO.9445/2008 Amarjeet Kaur v. State of Raj. & ors Date of order:21st January, 2010 HON'BLE MR JUSICE AJAY RASTOGI Mr H.S. Sidhu, for the petitioner Counsel for the petitioner submits that the controversy, which has been raised in the instant petition, is covered by the judgment of this Court in SBCWP No.1899/2005 decided on 04th August, 2006 and has also been taken note of in SBCWP No.530/2009 decided on 02nd February, 2009; making following observation: “From reading of the proviso above, it is clear that it nowhere restricts a widow or a divorced lady from getting study leave if she do not acquire required qualification within a period of three years. The grant of study leave is not at all dependent to the period prescribed for acquiring the eligibility. As such, I do not find any just and valid reason to SBCWP No.9445/2008 2 of 2 deny study leave and other consequential benefits to the petitioners. Accordingly, this petition for writ is allowed. The respondents are directed to sanction study leave to the petitioners and also to make fixation of the petitioners in the revised pay scales. The petitioners are also declared entitled for getting annual grade increments in accordance with the Rules, if they are not otherwise dis-entitled.” Counsel for the respondents has also not been able to controvert about the question being decided by this Court. In the light of judgment quoted supra, present writ petition also stands allowed. The respondents shall ensure compliance of the order within three months. [AJAY RASTOGI],J. mma