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2010 DIGILAW 404 (PNJ)

Suresh Kumar v. State Of Punjab

2010-01-18

ASHUTOSH MOHUNTA

body2010
Judgment Ashutosh Mohunta, J. 1. The petitioners have prayed that directions be issued to the respondents to treat the period of one year in - service training of Veterinary Pharmacists on duty and they be granted full pay and allowances for the said period. The petitioners have also prayed that they be granted all other benefits which are available to them as per provisions of the Punjab Civil Services Rules and the instructions issued by the State of Punjab in this regard. 2. The petitioners were appointed as Sheep Extension Assistants in the year 1973 and are continuing as such till today in the Department of Animal Husbandry. Ail the petitioners are matriculate with science and some of them also possess Post Graduate qualification. It is the case of the petitioners that in the year 1987 it was decided by the State of Punjab to send the petitioners for one year in - service training of Veterinary Pharmacists at Veterinary Polytechnic, Patiala, which was to commence from 15.10.1987. The petitioners joined the training course on 15.10.1987 and completed one year of training at the Veterinary Polytechnic, Patiala. 3. Learned counsel submits that as the petitioners were sent for training by the respondents, therefore, they are entitled to draw full pay and daily allowances for the entire period of their training. Reliance has been placed on Rule 2.88 of the Punjab Civil Service Rules Volume III which is reproduced as under:- "2.88 (a) When a Government employee or a student not already in Government service, is selected to undergo a course of training or a work study course irrespective of the duration of training period, he shall draw: - (i)Full daily allowance for the entire period of training subject to the condition that when free food of lodging is provided at Government expense and also in the case of unmarried officers, this allowance shall be reduced to half. Where both food and lodging are provided free to the trainees by the training institutes etc., the daily allowance shall be reduced to one fourth; (ii) Travelling allowance for the original journey to and the last journey from the place of training; (iii) In the case of training at a school, college or similar institution, travelling allowance for similar journeys on the occasion of holidays and vacations; (iv) Travelling allowance for journeys during the course of training. (v) T.A. may be allowed at tour rates. 4. Reply has been filed on behalf of respondent Nos. 1 and 2 wherein it has been averred that none of the petitioners were given inservice training. It has further been stated that permission was granted to the Sheep Extension Assistants vide Memo No. 490E8/dated 15.4.87 for imparting Veterinary Pharmacists training but in letter No. 10952 - 58 - D -2/128-IE dated 15.9.1987 (AnnexureP-l) it was clearly mentioned that they will get the training at their own expenses by taking leave of the kind due. Annexure P - 1 is reproduced hereunder: - "The Punjab Government has decided vide their letter No. 6/40/87 - All - 6/14810 dated 8th September, 1987 to impart inservice training as Veterinary Pharmacists. This training will be imparted at Veterinary Polytechnic, Patiala from 15th October, 1987. You shall have to take this training at your own expense by taking leave of the kind due." It has also been averred that the petitioners were not sent for training but were allowed to go for training on their own request. Hence, the petitioners are not entitled to full pay and other allowances as admissible to a person which is sent on training by the Government. 5 A perusal of Annexure P -1 clearly shows that the petitioners were permitted to go to the Veterinary Polytechnic, Patiala, for training as Veterinary Pharmacists on their own request and the training was to be imparted to the petitioners at their own expense. The Government never promised the petitioners any consequential benefits of the training being undertaken by them. Apart from the above, Rule 2.88 of the Punjab Civil Service Rules Volume III does not help the petitioners in any manner. 6. In view of the above, the petitioners are not entitled to be granted full pay and allowances for the period during which they underwent training. There is no merit in the writ petition and the same is dismissed.