IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17884 of 2009 ARVIND KUMAR S/O RAM LAGAN PRASAD R/O VILL.- MAHMADA, P.S.- BARBIGHA, DISTT.- SHEIKHPURA, BIHAR Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF BUILDING CONSTRUCTION, GOVT. OF BIHAR, PATNA 3. THE ADDITIONAL SECRETARY, DEPARTMENT OF BUILDING CONSTRUCTION, GOVT. OF BIHAR, PATNA 4. THE SPECIAL SECRETARY, DEPARTMENT OF BUILDING CONSTRUCTION, GOVT. OF BIHAR, PATNA 5. THE DEPUTY SECRETARY, DEPARTMENT OF BUILDING CONSTRUCTION, GOVT. OF BIHAR, PATNA ----------- 3/ 21.06.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner was working on the post of Assistant in Building Construction Department, Government of Bihar, when he intended to enhance his qualification by doing the Post Master Course in Natural Resource Management. He applied for his admission in the course, for the Session 2007-08, at Indian Institute of Forest Management, Bhopal. He was selected for the course and the classes were to start from 22.06.2007. The petitioner applied for one year’s special study leave and the same was sanctioned vide Letter No. 149 dated 22.06.2007. The period of study leave was to start with effect from 22.06.2007 for one year. The study leave was sanctioned to the petitioner as non-salaried leave under Rule 204 of Bihar Service Code. Since, the sanction letter was received by the petitioner on 22.06.2007 itself and on the same date he had to join the 2 institution, as such, he proceeded without filing any objection, so far the non-salaried part of the sanctioned letter is concerned. On completion of his course, the petitioner re-join at post and filed his representation before Secretary, Building Construction Department, on 21.01.2008 to modify the leave sanction order by allowing him half average pay for this leave period instead of non-salaried pay. Counsel for the petitioner submits that Section VII of Part-I Chapter VI of Bihar Service Code deals with special concessions provided to the government employees in granting leave. Rule 204 to Rule 219 relates to grant of special study leave and different concessions made available to government employees for enabling them to study scientific, technical or similar problems or to undergo special course of instruction. Such leave is granted to a government servant for the purposes of persecuting higher studies or for receiving training in professional and technical subjects, having a direct and close connection with the sphere of duties of concerned government servant. In case a certificate is provided by the administrative head the study leave is sanctioned to the government employee with full/half salary. In case of petitioner, certificate for granting study leave was issued by administrative head, which indicated that the course, which the petitioner 3 intends to undergo, will be beneficial for the petitioner as well as for the institution. In such a case there was no reason for non- sanctioning the study leave with full or at least half of the salary. Counsel appearing for the State, on the other hand, submits that the order sanctioning leave to the petitioner was indicative of this fact that he has been allowed study leave under Rule 204 of the Bihar Service Code. Rule 204 do not provide any facility of sanctioning of leave with full or half salary, as such, after availing the facility of study leave petitioner cannot ask for any concession in this regard. I find that the Bihar Service Code starting from Rule 204 to Rule 219 deals with the study leave and other facilities made available to the government servant. Rule 217 of the Bihar Service Code, which provides that the study leave will not be counted as service for promotion and pension, it will be counted as extra leave on half average pay and will be taken into account in reckoning the aggregate amount of leave on half average pay taken by the government servant towards the maximum period admissible under these rules. Since the petitioner was sanctioned study leave for the reason that such leave will enhance the qualification of petitioner as well as facilitate the functioning of the institution, as such, it was incumbent upon respondents to allow him leave with full salary, if not possible, then at least with half of the average salary for 4 the period sanctioned as study leave. There is no reason for not allowing this benefit to the petitioner. There being such provision under Bihar Service Code. Considering these facts, the order contained in Memo No. 4384 dated 15.06.2009 is quashed. The Deputy Secretary, Building Construction Department, Government of Bihar, Patna, is directed to reconsider the application of the petitioner dated 30.04.2009 for allowing him half of the pay for the period of study leave was granted to him, vide Letter No. 149 dated 22.06.2007. The order must be passed within six weeks from the date of production/communication of the order. Sanjeet/ (Mridula Mishra, J.)