JUDGMENT : Tarlok Singh Chauhan, J. The petitioner completed her four years’ B.Sc. (Nursing) from Shimla Nursing College, in the year 2016. On 28.12.2019, an advertisement was issued by the Himachal Pradesh Staff Selection Commission, Hamirpur, (for short ‘Commission’) for filling up various posts including 307 posts of Staff Nurse (on contract basis). The petitioner being fully eligible applied for the same. She also gave the written test that was conducted by the Commission in September, 2020. Since, the result had not been declared, the petitioner, in the meanwhile, started pursuing her M.Sc. (Nursing) Course of two years duration. 2. It is eventually on 21st January, 2022 that the result of the written test was declared wherein the petitioner having qualified was offered appointment on contract basis on fixed salary of Rs.13,500/-. The petitioner was directed to join at Dr. YSPGMC, Nahan, on or before 04.02.2022. However, as observed above, since the petitioner had been pursuing M.Sc. (Nursing), she accordingly sought extension of time for joining. The respondents acceded to the request of the petitioner by extending the period of joining by six months vide communication dated 01.02.2022 by extending the date of joining as 02.07.2022 which infact ought to have been 02.08.2022. 3. Since, the course of M.Sc. (Nursing), had not been completed, therefore, the petitioner filed representation dated 08.06.2022 requesting the respondents to allow time uptill November, 2022 to complete her course. The respondents did not respond to the request made by the petitioner constraining her to join at Nahan, on 02.07.2022. 4. Thereafter, the petitioner again made a request to the respondents vide her letter dated 28.07.2022 to grant leave without pay with effect from 01.08.2022 to 30.09.2022 so as to enable her to complete M.Sc (Nursing) Course because she had completed her 80% of the Course. The respondents again did not choose to respond to the same constraining the petitioner to file the instant petition for grant of the following reliefs:- “i. That appropriate writ, order or direction may very kindly be issued directing the respondents to allow the petitioner to remain on leave without pay up till 15th November, 2022 by further directing that such period may not even be counted for the purposes of regularization of the petitioner enabling her to complete her M.Sc. (Nursing), in the interest of law and justice. (Nursing), in the interest of law and justice. ii) That in the alternative the respondents may very kindly be directed to grant the extension in joining the post as Staff Nurse up till 15th November, 2022 on the analogy of the past practice, in the interest of law and justice.” 5. The respondents have opposed the petition by filing reply wherein preliminary objections with regard to locus-standi and cause of action etc. have been raised. It is averred that the petitioner had been appointed as Staff Nurse on contract basis vide Office Order dated 21.01.2022 on fixed terms and conditions including a specific condition with regard to entitlement of leave at Sr. No.5 (as admissible in respect of contractual employees) which reads as under:- “The contractual appointee will be entitled for 1 day Causal Leave after putting one month service, 10 Days Medical Leave and 5 Days Special Leave in a calendar year. However, the Contractual Appointee with less than two surviving children may be granted Maternity Leave for 180 days. The contractual appointee shall also be entitled for maternity leave not exceeding 45 Days (Irrespective the number of surviving children) during the entire service, in case of miscarriage including abortion, on production of Medical Certificate issued by the authorized Government Medical Officer. The Contractual Appointee will not be entitled for Medical Reimbursement and LTC, etc. No leave of any other kind except above is admissible to the Contract Appointee.” 6. It is also averred that the request made by the petitioner initially was considered sympathetically by the respondents and it is thereafter that six months time was granted to the petitioner to complete her M.Sc. (Nursing). As regards further request for extension of time for joining, the same could not be acceded to in view of the instructions issued by the Government on 09.09.2016, the relevant portion whereof reads as under:- “(i) In the offers of appointment issued by different Ministries/Departments, it should be clearly indicated that the offer would lapse if the candidates did not join within a specified period (which shall not normally exceed one month). (ii) If, however, within the period stipulated, a request is received from the candidate(s) for extension of time, it may be considered by the Ministries/Departments and if they are satisfied, an extension for a limited period of three months may be granted but extension beyond three months should not be granted liberally and it may be granted only as an exception where facts and circumstances so warrant and in any case only upto a maximum of six months from the date of issue of the original offer of appointment. An offer of appointment would lapse automatically after the expiry of six months from the date of issue of the original offer of appointment. The candidates who join within the above period of six months will have their seniority fixed under the seniority rules applicable to the service/post concerned to which they are appointed, without any depression of seniority. (iii) If, even after the extension(s) if any granted by the Ministry/Departments, a candidate does not join within the stipulated time (which shall not exceed a period of six months), the order of appointment should lapse automatically. (iv) An offer of appointment which has lapsed should not ordinarily be revived later, except in exceptional circumstances and on grounds of public interest. The Commission should in all cases be consulted before such offers are revived. (v) In a case where after the lapsing of the offer, the offer is revived in consultation with the Public Service Commission as mentioned in sub-para(iv) above, the seniority of the candidates concerned would be fixed below those who have already joined the posts concerned within the prescribed period of six months; and if the candidate joints before the candidates of the next selection/examination join, he should be placed below all others of his batch. If however, the candidate joins after some or all the candidates of the next selection/examination have joined, he should be: (a) In cases of selection through interview, placed at the bottom of all the candidates of the next batch. (b) In the case of examination, allotted to the next years batch and placed at the bottom.” 7. Even the Government, as a matter of fact, had directed the respondents to proceed in accordance with Clauses iii, iv and v of the letter dated 09.09.2016 at the time when the petitioner had sought extension of time. 8. (b) In the case of examination, allotted to the next years batch and placed at the bottom.” 7. Even the Government, as a matter of fact, had directed the respondents to proceed in accordance with Clauses iii, iv and v of the letter dated 09.09.2016 at the time when the petitioner had sought extension of time. 8. The petitioner filed rejoinder to the reply wherein the action of the respondents in denying the leave has been questioned on the ground of its being violative of Articles 14 and 16 of the Constitution of India. It has been averred that extension of time for pursuing higher studies is being denied to the petitioner on the ground that there is no provision for grant of leave to the contractual employees. Whereas, in similar cases pertaining to the PWD, Junior Engineers (Civil), the Government itself had granted permission to those of the incumbents, who were pursuing higher studies to complete the same so that they may work with the Organization with more proficiency, copy of the reply to one of the miscellaneous application being CMP No. 3780 of 2022 in CWP No. 6350 of 2020 in case titled Apil Kanoungo and others vs. State of H.P. and others has been appended as Annexure P-8 with the rejoinder. 9. We have heard the learned counsel for the parties and have gone through the records of the case. 10. At the outset, it needs to be noticed that this Court on 23.08.2022 passed the following order:- “Notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General, appears and waives service of notice on behalf of the respondents. Reply/instructions be filed/obtained by the respondents in light of the averments made in para-8 of the petition. List on 25.08.2022.” 11. As regards para-8 of the petition, a specific averment regarding grant of extension for joining in the case of a Staff Nurse has been pleaded in para-8 (d) which reads as under:- “d. That one another glaring aspect of the matter is that in similar circumstances at earlier point of time the respondent-State has granted the extension for joining to the persons as Staff Nurse even up till a period of 2 years. It is submitted that in the year 2015, more than 20 appointees were given extension beyond a period of 1 year for joining the post of Staff Nurse on contract basis. It is submitted that in the year 2015, more than 20 appointees were given extension beyond a period of 1 year for joining the post of Staff Nurse on contract basis. Likewise in the year 2017, 35 incumbents were given extension of a period of beyond more than 1 year in order to enable them to complete Post Basic M.Sc. Nursing. It is submitted that the petitioner is also similarly situated, rather was praying for grant of extension only up till 15th November for a period of around eight and a half months, but the same was not granted, therefore, the action of the respondents is violative of Articles 14 and 16 of the Constitution of India and the same cannot sustain in the eyes of law.” 12. In compliance to the aforesaid directions, the learned Senior Additional Advocate General has placed on record a communication dated 24.08.2022 received from the Principal Secretary (Health) to the Government of Himachal Pradesh which inter alia reads as under:- “I am directed to refer to the subject cited above and to say that the petitioner has joined as Staff Nurse on 2.07.2022 on contractual basis as per contract Agreement (Affidavit). She was given joining time to join her duties but in view of her representation that she is pursuing her M.Sc (Nursing) from Sister Nivedita Government Nursing College, IGMC Shimla so she may be permitted to join the duties on 2.07.2022 which extension was granted by the Director of Health Services, HP, Shimla as per rules. Thereafter she represented for EOL (Extra Ordinary Leave) on 12.08.2022 after joining her duties. So far as EOL is concerned, the said leave is being granted to regular employees whereas contractual employee is not entitled to the said leave. Copy of representation for EOL alongwith contract agreement (Affidavit) are enclosed for kind perusal.” 13. A perusal of the aforesaid instructions would go to indicate that the respondents had not chosen to obtain specific instructions with regard to grant of extension of leave to similarly situated incumbents constraining the Court to pass the following order on 25.08.2022:- “CWP No. 5707 of 2022 & CMP No.11474 of 2022. As prayed for, list on 29.08.2022. In the meanwhile, respondent No.3 is directed to permit the petitioner to attend the classes provisionally.” 14. No doubt, the respondents thereafter filed a formal reply to the main petition. As prayed for, list on 29.08.2022. In the meanwhile, respondent No.3 is directed to permit the petitioner to attend the classes provisionally.” 14. No doubt, the respondents thereafter filed a formal reply to the main petition. But, as regards the averments made in para-8(d) (supra), the same is conspicuously silent, as would be evident from the reply, which reads as under:- “8. That is respectfully and humbly submitted that in the meanwhile, after expiry of her period of extension in joining the services as initially granted by the respondent department vide office order dated 01.02.2022, Annexure P-4, the petitioner had also joined her services as Staff Nurse on contract basis at her place of posting i.e. Dr. YS Parmar Government Medical College Nahan on 02.07.2022 (AN) as intimated by the Principal Dr. YS Parmar Government Medical College Nahan vide letter dated 21.07.2022, copy placed on record as Annexure R-3 for kind perusal of the Hon’ble Court.” 15. The interim order passed by this Court is continuing till date and, therefore, it would serve no purpose in case the order is vacated, modified or varied at this stage. But, we do share our concern and anxiety of the learned Senior Additional Advocate General that ultimately in such kind of situation whereafter issuing interim protection, the final orders are required to be passed on the ground that under interim protection, the time for joining duty stands extended, should not be encouraged. We are absolutely mindful of the fact that a person, who has been selected and appointed to a public post has a duty to join such post within the time permitted or extended. 16. It may well be questionable whether such a person has a vested right to insist that the offer of appointment be kept in abeyance for an indefinite period of time of several months/years or till he/she completes his/her higher studies which are being pursued. The requirement of administration to fill up the posts would have to be taken into consideration and essentially would be for the administration to exercise the discretion to extend or not to extend the time for joining duty. But, then such extension of time cannot be made on a pick and choose policy that too without there being any uniformity of practice by various departments of the Government. 17. But, then such extension of time cannot be made on a pick and choose policy that too without there being any uniformity of practice by various departments of the Government. 17. Like in the instant case, the Public Works Department (for short ‘PWD’) is over-zealous to permit the selected candidates to grant them time to complete their higher education, so that they may work with the Organization with more proficiency and such request of the Department has also been acceded to by the Government. Why such request in the instant case is not being acceded to is not at all forthcoming? 18. Thus, it is a clear-cut case of discrimination. We are also not oblivious to the fact that when it comes to grant or refusal of study leave, this requirement is taken to a further higher level of the sanctioning authority being of the opinion that it is necessary in public interest for working of the department in which the person is employed. Such higher study would augment the skills of the employee on return is just one of the considerations before the administration while considering the request for study leave. The vacancy position in the cadre, the requirement of sufficient employees to look after the service to be provided are only some of the considerations. There could be hosts and range of other factors which will have to be weighed by the administration. The right to apply for study leave or for extension of joining time is vastly different from claiming vested right to be granted the leave. The rules invariably recognize the right to apply for leave. However, before such an application is accepted, the administration has a right, power and the duty to assess the relevant factors of interest of exigencies of the public service. If in the opinion of the Government, there is a severe shortage of nurses due to which after joining the service, the nurse cannot be granted extension to join the service as leave to contractual leave employee otherwise is not available, then such decision, in our considered opinion cannot be said to be unreasonable. 19. Thus, the long and short of the matter is that the respondents will have to take a conscious decision after taking into account all the relevant aspects of the matter. 19. Thus, the long and short of the matter is that the respondents will have to take a conscious decision after taking into account all the relevant aspects of the matter. But, even thereafter, the same essentially would have required to be applied uniformly without there being any discrimination. 20. The dilemma before the petitioner is that she had only a few months to complete her M.Sc. (Nursing) and in the meanwhile had got the job of Staff Nurse when she had already completed one year of the Course out of two years. So, if she was to accept the post of Staff Nurse, she could have done it only after giving up the M.Sc. (Nursing) Course. On the other hand, if she still chooses to continue with her higher studies over taking up an immediate job, her future would still remains uncertain as to whether she would get a job after completion of M.Sc. (Nursing). Obviously, in this competitive job market, it would be expecting to much of the petitioner to give up a job. 21. In the given facts and circumstances, we are not inclined to disturb the status quo, more particularly, when the duration of the Course has already come to an end and, therefore, permit the petitioner to remain on leave without pay up till 15th November, 2022, by further directing the respondents that such period shall not be counted for regularization of the petitioner. Ordered accordingly. 22. The instant petition is allowed in the aforesaid terms. 23. Pending application, if any, also stands disposed of. 24. Having come across lack of uniformity and varied approach on the same subject-matter i.e. extension of time in joining on account of pursuing higher studies, we direct the Chief Secretary to the Government of Himachal Pradesh to examine the issue thoroughly as the instructions dated 09.09.2016 do not touch upon this issue. Such decision would help in bringing about uniformity of practice so as to avoid un-necessary heart-burning on account of different and varied approaches being adopted by the departments of the Government. Such decision be taken within three months. 25. We also make it clear that this order essentially is being passed in the peculiar facts and circumstances of the case and shall, therefore, not be treated as a precedent in future. 26. For compliance, to come up on 21.03.2023.