Bijander Kumar Saini vs DEFENCE

1
OA No. 2866/2026


Item No. 69 (C-4)

CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI

OA No. 2866/2026

th
This the 25 August, 2026

Hon’ble Mr. Chhabilendra Roul, Member (A)
Hon’ble Mr. Rajveer Singh Verma, Member (J)

Bijander Kumar Saini (MES-300459)
aged about 46 years, son of Shri Dharampal Saini,
lndian Defence Service of Engineers
(IDSE), presently posted as Director (E/M), HQ
Chief Engineer Udhampur Zone, Clo 56 APO and
permanent resident of Town & Post Nakur, District
Saharanpur, Uttar Pradesh (UPl-247342.

Aadhar No.2409-4156-7037, Mobile No.9501553886
..……….. Applicant
(By Advocate : Mr Akshay Jain with applicant in person)
VERSUS
1. Union of lndia through the Secretary to Government
of lndia, Ministry of Defence, Room NO.101-A, South
Block, New Delhi-110011.
(email- [email protected] )

2. Engineer-in-Chief, Military Engineering Services,
Kashmir House, Rajaji Marg, New Delhi-i10011.
( email- [email protected])
……..Respondents

(By Advocate : Mr Anmol Pandita with Colonel Mr B.
S. Katal, Dir(C&M), E-In-C’s Branch)




PINKY PINKY YADAV
YADAV

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OA No. 2866/2026


Item No. 69 (C-4)

ORDER (ORAL)
Hon’ble Mr. Chhabilendra Roul, Member (A)

1. In the present OA, the applicant seeks the
following relief(s):-
“ 8. Relief sought :
i) Direct the respondents to sanction the
study leave of the applicant for his joining
the MTech (Two Years) course in Electrical
Engineering from Punjab Engineering
College, Chandigarh, which course will
commence from 12.08.2026, in accordance
with Rule 50 of the Central Civil Services
(Leave) Rules, 1972.
ii) to issue any further direction or order
which this Hon'ble Tribunal may deem fit
and proper in the facts and circumstances
of the case and to deliver justice to the
applicant;
iii) Post of this O.A. be also awarded.”
2. Learned counsel for the applicant submits that
the applicant appeared in the GATE examination
on 14.02.2026 after obtaining due permission
from the competent authority. The result of the
said examination was declared in March 2026,
pursuant to which the applicant secured
admission to the M.Tech. course in Electrical
Engineering at Punjab Engineering College,
PINKY PINKY YADAV
YADAV

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OA No. 2866/2026


Item No. 69 (C-4)

Chandigarh for the academic session 2026–2028.
The applicant has already deposited the requisite
fees and the course commenced on 12.08.2026.
3. Learned counsel further submits that the
applicant submitted an application seeking study
leave on 09.04.2026, but no decision thereon has
yet been communicated by the respondents. It is
submitted that any further delay in taking a
decision would seriously prejudice the applicant,
as the academic session has already commenced
and it was expected that the respondents would
convey the said decision expeditiously.
4. Per contra , learned counsel for the respondents
submits that although the applicant has qualified
the GATE examination and secured admission to
the M.Tech. course in Electrical Engineering, the
GATE score remains valid up to 31.03.2029.
Therefore, it is submitted that the applicant would
not suffer substantial prejudice merely on account
of some delay in taking a decision on his study
leave application.
PINKY PINKY YADAV
YADAV

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OA No. 2866/2026


Item No. 69 (C-4)

5. On the earlier date of hearing, learned counsel for
the respondents was directed to obtain
appropriate instructions regarding the pending
study leave application of the applicant.
6. Today, Colonel Mr B. S. Katal, Dir(C&M), E-In-C’s
Branch for respondent No. 2 appears before the
Tribunal and submits that the respondents are
actively considering the applicant's case. However,
he is unable to give any assurance as to whether
the study leave would ultimately be granted. He
submits that a definite decision can, nevertheless,
be taken within a reasonable period.
7. We have heard learned counsel for the parties and
perused the record.
8. In view of aforesaid, we are of the considered view
that the competent authority amongst the
respondents is directed to consider and decide the
applicant's pending application for study leave
dated 09.04.2026 by passing a reasoned and
speaking order within two weeks from today.
PINKY PINKY YADAV
YADAV

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OA No. 2866/2026


Item No. 69 (C-4)

9. The decision so taken shall be communicated to
the applicant forthwith.
10. In view of the above, the OA stands disposed of.
11. There shall be no order as to costs.

(Rajveer Singh Verma) (Chhabilendra Roul)
Member (J) Member (A)

/pinky/


PINKY PINKY YADAV
YADAV