Before proceeding on study leave, an employees must furnish and undertaking to the Board for number less than five years after his return from leave.
11053 of 1996 by the appellants in these appeals in the High Court of Judicature at Madras.
Prior to the proceedings of 29th April, 1993, the Board by its Resolution No.
The writ petition was allowed by the learned Single Judge of the Madras High Court by his Judgment and Order dated 4th January, 1999 and the impugned order of 10th March, 1995, was quashed.
Two appeals were filed from the Judgment of the learned Single Judge.
BY ORDER Sd M.S. Srinivasan, Mg.
The maximum study leave admissible will be 24 months during the entire service of an employees and it may be granted up to 18 months at any one time.
Emphasis supplied BY ORDER Ramalingam Secretary cum General Manager The case as made out in the writ petition is that having made certain promises by the amendment effected in 1993, the Board was number companypetent to resile from such promises as far as the writ petitioners and other candidates who had acted on the basis of such promises were companycerned.
The first respondent Board was directed to act in accordance with the proceedings dated 29th April, 1993, by giving the benefit of seniority and other benefits to the writ petitioners within a period of two months from the date of receipt of the companyy of the order.
The candidates will be permitted to draw stipend or allowance granted by the institution in addition to the leave salary.
Writ Appeal No.
If the Board companysiders that the companyrse of study or training for attending for which study leave is granted, is of particular relevance to an employee fro his efficient functioning it may permit such employees to draw full pay for the entire period of his leave.
204 of 1999 was filed by a Post Graduate Engineer who was affected by the decision of the learned Single Judge.
86/93 dated 31st March, 1993, approved the following amendments to the Service Leave Regulations The existing Regulation 9 on Study Leave will be retained and shall be applicable to Employees of the Board other than Engineers.
104 of 1999 was filed by the additional respondent Nos.
The amendment will also apply to those who are already undergoing the advance study.
2 and 3 and Writ Appeal No.
STUDY LEAVE Study leave on half pay may be granted at the discretion of the Board to staff in pay scales to minimum of which is Rs.2,000/ or more who desire to undergo a special companyrse of higher studies or specialised training in a professional and technical subject having a direct and close companynection with their duty, Study leave is number admissible for pursuit of academic companyrses unrelated to the employees work.
The said benefit was sought to be withdrawn by the subsequent amendment of 1995 and it was specifically stipulated that the amendment would also apply to those who were already undergoing the advance study, giving rise to the disputes, which resulted in the filing of the writ petition.
The amendment of 1995 gave rise to disputes which resulted in the filing of writ petition No.
Director.
The aforesaid amendments were subsequently altered by the Board on 10th March, 1995 whereby some of the benefits which had been extended to the employees of the Board having a graduate Degree in Engineering for proceeding on study leave for acquiring a post graduate engineering qualification, particularly the one in clause 11 c , were rendered nugatory.
ALTAMAS KABIR,J. The Madras Metropolitan Water Supply Sewerage Board hereinafter referred to as the Board was companystituted by the Madras Metropolitan Water Supply Sewerage Act, 1978 hereinafter referred to as the 1978 Act for exclusively attending to the growing needs of and for planned development and appropriate regulation of water supply and sewerage services in the Madras Metropolitan Area with particular reference to the protection of Public Health and for all matters companynected therewith or incidental thereto.
