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 S H 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 facilities extending up to five years.
The high court, 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.
Upholding the government's appeal, the Apex Court said if the charge of discrimination is to be accepted even then it is for the administration to decide on such leave keeping in view the emergency of a situation.
"Even on the case of discrimination, it is for the administration/management to take into account the contingencies which may arise in the course of administration.
"The services of an employee may be required in a given case on more emergent basis vis-a-vis other employees.
"In such cases, the services rendered by an employee, his seniority, the nature of work which he is required to do, his responsibilities, etc, are required to be taken into account while taking decisions on such applications," the bench said while setting aside the high court direction.
