Hemlata Rehangdale vs The State Of Madhya Pradesh
2022 Latest Caselaw 5536 MP

                                                           1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                   WP No. 12489 of 2021
                            (HEMLATA REHANGDALE AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          WP/13051/2021, WP/14103/2021, WP/14624/2021, WP/15661/2021, WP/15669/2021,
                                                WP/17961/2021, WP/20571/2021
                      Dated : 18-04-2022
                            Shri Suyash Verma, learned counsel for the petitioners in W.P.
                      Nos.12489/2021, 13051/2021 and 14103/2021.
                            Shri Manoj Chaturvedi, learned counsel for the petitioners in W.P.
                      Nos.15661/2021 and 15669/2021.
                            Shri Sunil Kumar        Singh,     leaned   counsel for    the   petitioner   in

                      W.P.No.20571/2021.
                            None for the petitioners in W.P. Nos.14624/2021 and 17961/2021.
                            Ms. Janhavi Pandit, learned Dy. A.G. for the respondent/State.

During the course of hearing, learned counsel for the parties reached to a consensus and agreed that petitioners may be given liberty to file fresh representations for the present grievance in the Office of Directorate of Health Services and said Directorate may be directed to take a decision on such representations within 10 days keeping in view the changed circumstances and reduction of COVID-19 cases.

It is seen that the Apex Court in (2021) 8 SCC 381 Dr. Rohit Kumar vs. Secretary Office of Lieutenant Governor Of Delhi and others opined as under :

"22. The policy decision taken on 20/10/2020, not to grant further study leave to doctors working in hospitals under the Government of NCT of Delhi in apprehension of rise in COVID-19 cases, is obviously a temporary one. The policy cannot continue indefinitely irrespective of changes in circumstances. The policy has necessarily to be reviewed from time to time and relaxed and/or modified once there is decrease in the number of COVID-19 cases in the NCT of Delhi."

In view of observations made by Supreme Court in para 22 aforesaid, we deem it proper to issue following directions :

Signature
 SAN      Not

Verified 1. Petitioners may prefer detailed representation for the Digitally signed by SWETA SAHU present grievance before the Commissioner/Director Date: 2022.04.19 18:05:50 IST

Health Services, MP along with copy of this order within three days from today.

2. The said authority shall take into account para 22 of judgment of Supreme Court in Dr. Rohit Kumar (supra) and take a decision regarding grant of study leave to the petitioners in view of change circumstances and reduction of COVID-19 cases.

3. The aforesaid authority shall take a reasoned decision on the said representations within 10 days from the date of communication of representation. As agreed, list this matter on 11.05.2022. The Government shall place the speaking order for the perusal of this Court on the said date.

Learned Dy. A.G. is directed to communicate this order to the concerned Directorate by tomorrow.

It is made clear that this Court has not expressed any opinion on the merits of the case.

C.C. today.

     (SUJOY PAUL)                                     (DWARKA DHISH BANSAL)
        JUDGE                                                JUDGE

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