JUDGMENT : B.S. Walia, J. 1. Pursuant to selection by the Jammu & Kashmir Public Service Commission, the petitioner, vide order Annexure-A dated 04.07.2007 was appointed as Assistant Surgeon under the J & K Medical (Gazetted) Service Rules, 1970. Advertisement, Annexure-B dated 16.02.2010 was issued by the Board of Professional Entrance Examination (hereinafter referred to as 'BOPEE') inviting applications amongst, others, from in-service doctors for admission to M.D./M.S./P.G. Diploma Courses in various Medical Colleges of J & K State through the concerned Director Health Services. In response thereto, the petitioner submitted application as in-service candidate for selection and admission to the PG course. Eventually, the petitioner was selected by BOPEE for admission to PG Medical Course i.e. MD Medicine at the Acharya Shri Chander College of Medical Science, Sidhra, Jammu. 2. That at the time of admission to MD Medicine Course, Acharya Shri Chander College of Medical Science, Sidhra, Jammu, the petitioner was serving as Demonstrator in the Department of Bio Chemistry, Govt. Medical College, Jammu. On selection, the petitioner was initially relieved by the Principal Govt. Medical College, Jammu and subsequently by the Director Health Services, Jammu, vide reliving order Annexure-D on 21.05.2010 to enable him to report to the Director Admission ASCOMS Sidhra. 3. That on non release of salary for a considerable period of time, the petitioner vide Annexure-E dated 15.03.2012 represented to respondent No. 1 for release of pay and allowances attached to the post of Assistant Surgeon, which he was receiving prior to admission to the PG course for the duration of the course on account of having been allowed to undergo PG Medical Course as an in-service candidate. Instead of releasing salary and allowances, respondent No. 1 passed Govt. Order No. 382-HME of 2012, dated 30.05.2012 Annexure-F, sanctioning grant of Study Leave without pay and allowances in terms of SRO 122 of 2000 for undergoing P.G. course in the discipline of Medicine in ASCOMS Sidhra w.e.f. 21.05.2010 for three years without any financial commitment to the State Government. Accordingly, in view of Annexure-F i.e. Govt. Order No. 382-HME of 2012, dated 30.05.2012, the petitioner was not released pay and allowances as claimed by him. 4. That in the aforementioned background, instant writ petition has been filed seeking the issuance of a writ of Certiorari for quashing Annexure-F i.e. Govt. Accordingly, in view of Annexure-F i.e. Govt. Order No. 382-HME of 2012, dated 30.05.2012, the petitioner was not released pay and allowances as claimed by him. 4. That in the aforementioned background, instant writ petition has been filed seeking the issuance of a writ of Certiorari for quashing Annexure-F i.e. Govt. Order No. 382-HME of 2012, dated 30.05.2012 to the extent the same treats the period of three years of PG course completed by the petitioner in the discipline of MD, Medicine as Study Leave without pay and allowances on the ground that the same is in violation of Regulation 44-A of the Civil Service Regulations as also for the issuance of a writ of Mandamus for commanding the respondents to pay salary to the petitioner along with allowances for the period 21.05.2010 to 31.05.2013 of the post of Assistant Surgeon. 5. Aforementioned prayers have been made in the background of the petitioner having been deputed by the State of J & K to undergo PG Medical Course as an in-service candidates as Assistant Surgeon therefore, case being covered by Regulation 44-A of the CSR. Regulation 44-A of the CSR is reproduced hereunder:- "44-A. [Unless otherwise provided for in these rules Government servants deputed to receive training in the Training Schools, Colleges, Institutions with in the State shall during the period of such training be entitled to receive their pay/presumptive pay which they would have drawn but for their deputation to such training. No substitute appointments/promotions shall be made in place of the officer/officials deputed for such trainings]." 6. It is contended that in view of the clear mandate of Regulation 44-A and the petitioner having been relieved vide order Annexure-D to undergo MD Course in the discipline of Medicine from ASCOMS, order Annexure-F dated 30.05.2012 to the extent it denied salary to the petitioner for the duration of the course was violative of Regulation 44-A of the CSR. Reliance was also placed on the decision of this Court in SWP No. 788/2011 in case titled as 2012 (2) JKJ 276 [HC] 'Dr. Sunil Kumar Raina & Anr. v. State & Ors.' and SWP No. 789/2011 titled 'Dr. Anuradha Kerni & Ors. Reliance was also placed on the decision of this Court in SWP No. 788/2011 in case titled as 2012 (2) JKJ 276 [HC] 'Dr. Sunil Kumar Raina & Anr. v. State & Ors.' and SWP No. 789/2011 titled 'Dr. Anuradha Kerni & Ors. v. State & Ors.' which was allowed vide common judgment dated 17.05.2012 i.e. Annexure H & J, holding the petitioners therein entitled to salary which they were drawing before joining the PG course on account of the petitioners therein not having applied for study leave, besides their cases covered by Regulation 44-A of the CSR. 7. Learned counsel contended that the case of the petitioner is pari materia with the case of the other doctors referred to above as in the instant case, the petitioner like the other doctors had also not applied for Study leave and that even otherwise Study Leave, if applied for by a Government employee could be granted only before the joining of the course and not thereafter as had been done in the instant case and that apart from the above, as per Rule 61(4) of the Leave Rules, 1979, Study Leave could be granted to a Government servant only if he had rendered at least five years service, whereas the impugned order had been passed despite the petitioner not having completed five years of service. It is further contended that the petitioners in the aforementioned two writ petitions had also been granted salary along with allowances by the respondents as was evident from communication dated 04.10.2013. 8. Learned counsel further contended that vide Government Order No. 110-HME of 2012, dated 14.02.2012 a decision had been taken that all in service doctors, undergoing PG Course would be treated as on Study Leave during the duration of the course and would be granted stipend as was being granted to non, in service candidates vide Govt. Order No. 494-HME of 2009, dated 16.11.2009. The aforesaid order was challenged by in service Assistant Surgeons who had been selected and admitted to undergo PG Course vide SWP No. 2303/2012 and order i.e. Government Order No. 110-HME of 2012, dated 14.02.2012 was quashed vide judgment Annexure K dated 11.10.2012 in SWP No. 2303/2012 and the petitioners therein were held entitled to salary which they were receiving before their admission to the PG Course. 9. Reliance is also placed on the case of one Dr. 9. Reliance is also placed on the case of one Dr. Tippu Isher, an Assistant Surgeon, who, like the petitioner, was selected and admitted to undergo PG course in Pathology in ASCOMS, Sidhra and was released salary along with allowances for the entire period of PG course by the respondents in terms of Regulation 44-A of the CSR as evident from correspondence and order Annexure L, M & P respectively, even though the said doctor had formally not been relieved to join the PG Course. 10. Reliance is also made to reply to application under the RTI from the Principal Govt. Medical College, Jammu informing that as many as 11 Assistant Surgeons admitted to undergo PG course in the year 2009-2010 had been paid entire salary and allowances for the period they underwent PG course as per details given in Annexures-Q & R. 11. Learned counsel contends that there is violation of Article 14 & 16 of the Constitution of India on the ground that the respondents vide different Government Orders i.e. Government Order No. 848 HME of 2000, dated 24th November 2000 extended the benefit of Article 44-F of the J & K CSR in favour of Dr. Mohan Singh Sudan who was also an Assistant Surgeon while he was undergoing Post Graduate Course i.e. Master of Hospital Administration. Likewise, vide Government Order No. 754-HME of 2003, dated 23rd June 2003, Government Order No. 148-HME of 2006, dated 15.03.2006, Government Order No. 221-HME of 2004, dated 23rd April 2004 similar benefit was extended to three other Assistant Surgeons while they were undergoing Post Graduate Course in different Medical Colleges situated outside the State of J & K. Learned counsel also contended that vide Government Order No. 346-HME of 2009, dated 17th of August 2009 read with Government Order No. 493-HME of 2009 dated 16.11.2009, the same benefit was extended to 21 more Assistant Surgeons while they were undergoing PG Medical Courses. 12. 12. Learned counsel also contended that all Assistant Surgeons admitted to undergo PG Medical Course during the period 2000 till 2010 had been paid full pay and allowances attached to the post of Assistant Surgeons, whereas the petitioner had been denied the same without assigning any reason and the same was evident from communication dated 11.04.2012 addressed by respondent No. 2 to respondent No. 1, information supplied by respondent No. 2 to the Assistant Surgeons undergoing PG Medical courses and who were selected in the year 2011, communication dated 13.11.2006 addressed by respondent No. 3 to respondent No. 1, communication dated 19.03.2012 addressed by respondent No. 1 to respondent No. 4, communication dated 25.04.2008 and Government Order No. 673-HME of 2001, dated 24.09.2001 (collectively attached along with the writ petition as Annexure-S). 13. Reliance has also been placed on the case of Assistant Surgeon-Dr. Jatinder Mehta, who while working as Registrar in the Department of CD & TB Govt. Medical College Jammu, was granted study leave without pay and allowances for undergoing PG training course in Hospital Administration at AIIMs, New Delhi, vide Govt. Order No. 516-HME of 2008, dated 27.06.2008. On Dr. Jatinder Mehta filing SWP No. 1847/2010 seeking similar treatment as granted to other Assistant Surgeons, details of which are mentioned above, the High Court vide order dated 17.02.2012 directed the respondents to consider the case of Dr. Jatinder Mehta on the analogy of aforesaid Assistant Surgeons and in compliance to said orders, respondent No. 3 passed order dated 04.04.2012 i.e. Annexure V, extending the benefit of Article 44-F of the J & K CSR (i.e. Full pay/presumptive pay for the entire period of training studies outside the State) during the period the said doctor had undergone PG training course in Masters of Hospital Administration. 14. The claim in the instant writ petition pertains to non release of salary and allowances as was given to other similarly situated doctors for the period during which the petitioner underwent the PG Course. Writ petition was filed in the year 2013. No reply has been filed till date despite last and final opportunity for filing reply having been granted on 20.11.2014 while making it clear that in case of failure to file reply, the right to file the same would be deemed to be closed without reference to the Bench. Writ petition was filed in the year 2013. No reply has been filed till date despite last and final opportunity for filing reply having been granted on 20.11.2014 while making it clear that in case of failure to file reply, the right to file the same would be deemed to be closed without reference to the Bench. On 16.02.2016 learned State Counsel sought and was granted last opportunity of two weeks to file reply but still reply was not filed. On 11.03.2016 the case was admitted and four weeks time was granted for filing counter. On 14.10.2016 the case was adjourned on request of learned AAG. In the interest of justice, on 18.10.2016, two weeks further time was granted for filing counter but again to no avail. On 15.11.2016 neither was counter filed nor was anyone present on behalf of the respondents. Consequentially, while noticing aforementioned position, right to file counter was closed and on submission of learned counsel for the petitioner that the case was covered by a decision of this Court, the case was kept for consideration at serial No. 1 for 16.11.2016. Enough time has been availed for filing objections as well as counter. It appears that objections/counter have not been filed in view of the apparent position as noted above. 15. I have heard learned counsel for the parties. Learned counsel while offering no explanation for not filing objections/counter has not controverted the factual position. Accordingly, the claim has to be considered in the light of background as noticed in the preceding paragraphs of this judgment. 16. The petitioner while working as an Assistant Surgeon was selected as in-service candidate for undergoing Post Graduate Course in the discipline of Medicine i.e. MD Medicine in Acharya Shri Chander College of Medical Science (ASCOMS), Sidhra Jammu and at that time, he was serving as Demonstrator in the Department of Bio Chemistry, Government Medical College Jammu. The petitioner was relieved by the Principal Government Medical College Jammu to report to the Director, Health Services Jammu vide reliving order Annexure D dated 21.05.2010. Vide endorsement of the same date on Annexure D, the petitioner was relieved by the office of the Director Health Services Jammu to enable him to report to the Director Admission, ASCOMS, Sidhra. The petitioner was relieved by the Principal Government Medical College Jammu to report to the Director, Health Services Jammu vide reliving order Annexure D dated 21.05.2010. Vide endorsement of the same date on Annexure D, the petitioner was relieved by the office of the Director Health Services Jammu to enable him to report to the Director Admission, ASCOMS, Sidhra. Grievance of the petitioner is of his not having been paid salary and allowances attached to the post of Assistant Surgeons as he was receiving before his admission to the PG Course for the duration of the course despite his having moved an application for release of the same. On the contrary, respondent No. 1 passed order No. 382-HME of 2012, dated 30.05.2012 retrospectively granting study leave to the petitioner without pay and allowances in terms of SRO 122 of 2000 for undergoing PG course in the discipline of Medicine, ASCOMS Sidhra w.e.f. 21st May 2010 for three years without any financial commitment. 17. Apparently, the action of the respondents is in violation of Regulation 44-A of the Civil Services Regulations. Besides in a large number of instances, similarly situated Assistant Surgeons who have done Post Graduate Course as in service candidates have been paid salary and allowances for the duration of the course. Regulation 44-A is very clear and provides that unless otherwise provided for in the rules, Government servants deputed to receive training in Training Schools, Colleges, Institutions within the State would during the period of such training be entitled to receive pay/presumptive pay which they would have drawn but for their deputation to such training and no substitute appointments/promotions would be made in place of the officer/officials deputed for such training. The petitioner having been relieved by the Office of Director, Health Services, Jammu vide Annexure D to undergo MD course in the discipline of MD Medicine from ASCOMS Sidhra, order Annexure F dated 30.05.2012 to the extent it denies salary to the petitioner for the duration of the course is not only violative of Article 44-A of J & K CSR but also the various decisions of this Court referred to in the preceding paragraphs of this Judgment namely SWP No. 788/2011 and SWP No. 789/2011 i.e. Annexures H & J. In view thereof, I see no reason as to why the petitioner should not be entitled to the same relief in terms of Article 44-A of CSR as also the various instances where-under the respondents have not only on the basis of Court orders but on their own also, released pay and allowance to identically situated Assistant Surgeons undergoing PG Course not only within the State of J & K in terms of Regulation 44-A of CSR, but also outside the State in terms of Regulation 44(f) of the CSR. Accordingly, the writ petition is allowed. Annexure-F, i.e. Govt. Order No. 382-HME of 2012, dated 30.05.2012 to the extent the same treats the period of three years of PG course completed by the petitioner in the discipline of MD, Medicine without pay and allowances is quashed. Respondents are directed to release dues payable to the petitioner on account of salary and allowances for the period he has done MD Course in Medicine from ASCOMS, Sidhra after adjusting the amount if any received by the petitioner from ASCOMS within a period of two months from the date of receipt of certified copy of this order along with interest @ 6% per annum with effect from the date the amount was due till the date of judgment. In case the dues are not paid within two months of date of receipt of certified copy of this order, interest shall be payable with effect from the date the amount was due till the date of payment. Writ petition allowed in aforementioned terms.