1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.14777/2010 Pankaj Sharma Versus Distt. & Sessions Judge, Ajmer and another DATE OF ORDER --- December 14,2010 PRESENT HON’BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Lokesh Sharma with Mr.L.K.Sharma, for the petitioner Mr.Jinesh Jain, Govt. Counsel BY THE COURT (1) Heard learned counsel for the parties. (2) By this writ petition, the petitioner has prayed for grant of leave without pay which was rejected vide order dated 27.8.2010 (Anx.2) and 6.9.2010 (Anx.3). The petitioner has also prayed for a direction to the respondents to grant leave without pay for three months for preparation of the examination. (3) At the outset, counsel for the petitioner submits that in Clause No.1 of the order of appointment dated 21.7.2010 (Anx.1), there is a mention of the fact that the petitioner has been appointed on two years' probation. Initially, the petitioner has raised the grievance of grant of leave for preparation of RAS (Pre) Examination and RAS (Main) Examination but he could not qualify RAS (Pre) Examination. Subsequently, the petitioner has applied for leave to appear in the examination for the post of Teacher Grade-II being a B.A. B.Ed. qualified but the said leave applications have been rejected. (4) Counsel for the petitioner submits that the petitioner will apply for extraordinary leave and further, has placed reliance on the Government Decision dated 22.5.2009 below Rule 24 of the RSR wherein it has been decided that the appointing authority may sanction extraordinary leave upto three months to a probationer-trainee during the entire period of probation training. (5) Counsel for the respondents does not dispute the aforesaid legal position and submits that appropriate order may be passed. (6) I have gone through record of the writ petition and further considered submissions of counsel for the parties. 2 (7) Before proceeding further, I deem it proper to quote the relevant portion of the Government Decision dated 22.5.2009 below Rule 24 of the RSR, which is as under: Government decision dated 22.5.2009 below Rule 24 RSR “Accordingly, the matter has been considered and it has been decided that the appointing authority may sanction extraordinary leave upto three months to a probationer-trainee during the entire period of probation training. If extraordinary leave beyond the period of three months during probation period is granted by the appointing authority in exceptional circumstances with concurrence of FD, the period of probation shall be extended up to the period of extraordinary leave taken beyond three months. However the maximum period for which the probation can be extended shall be one year. Where the Appointing Authority, on completion of the period of probation training of a probationer-trainee decides to extend the period of probation training, the probationer- trainee will be allowed pay in the pay scale / running pay band of the post only on successful completion of extended period of probation training. (8) I am of the view that the Appointing Authority while rejecting the application of the petitioner on earlier occasion has not considered the aforesaid notification dated 22.5.2009. Now, in case any application for grant of extraordinary leave is filed by the petitioner, then the aforesaid notification be considered and appropriate orders for grant of extraordinary leave be passed. (9) The writ petition is disposed of, as indicated above. (Prem Shanker Asopa) J. गोpa ल