Employees have no right of "special leave", says apex court | india | Hindustan Times
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Employees have no right of "special leave", says apex court

The Supreme Court has ruled that government employees cannot seek special leave as a matter of right as the same is dependent on the exigencies of the administration.

india Updated: Jul 22, 2009 20:40 IST

The Supreme Court has ruled that government employees cannot seek special leave as a matter of right as the same is dependent on the exigencies of the administration.

"Special leave is not a matter of right vested in the employee. It depends on the administrative exigencies," a bench of Justices SH Kapadia and Aftab Alam said while striking down a direction passed by Punjab and Haryana High Court.

The apex court held that an employee cannot claim the right merely because his contemporaries or others have been extended similar relief.

"In our view, these are matters which fall in the category of adminstrative exigencies and this court cannot sit in appeal threreon," the bench said.

The high court had directed the government to grant special leave of five years to Sanjay Kumar Bansal. Bansal had approached the High Court after the government refused to grant him special leave due to shortage of doctors.

Government employees normally enjoy special leave facilites extending up to five years.

The HC while passing the direction had accepted the view of Bansal that the government had discriminated against him by not granting him special leave though the same was granted earlier to others. Aggrieved by the high court's direction, the government had appealed in the apex court.