Can I take 3 years leave from paramilitary dept to complete studies

646 votes

According to the section 3 of THE ALL INDIA SERVICES (STUDY LEAVE) REGULATIONS, 1960,
Conditions for grant of study leave.—
33(1) Subject to the conditions prescribed in these regulations, study leave may be granted to a member of the Service, with due regard to the exigencies of public service, to enable him to undergo, in or out of India—
3(1) (i) a special course of study consisting of higher studies or specialised training in a professional or technical subject having a direct and close connection with the sphere of his duty; or
3(1) (ii) a course of training or study tour, where such course of training or study tour is related to the sphere of his duties even though he/she may not attend a regular academic or semi-academic course; or
3(1) (iii) studies connected with the framework or background of public administration; or
3(1) (iv) studies which may not be closely or directly connected with the work of the member of the Service, but which are capable of widening his mind in a manner likely to improve his ability as a civil servant and to equip him better to collaborate with those employed in other branches of public service:
Provided that the grant of study leave under clauses (ii) and (iii) shall be subject to the following conditions, namely:—
(a) that the particular course of training, study or study tour is approved by the authority competent to grant study leave; and
(b) that the member of the Service is required to submit, on his return, a full report on the work done by him while on study leave.
Note.— Applications for study leave falling under clause (iv) shall be considered on merits of each case, in consultation with the Central Government.
3(2) Study leave shall not be granted unless—
3(2) (i) it is certified by the Government that the proposed course of study or training shall be of definite advantage from the point of view of public interest; and
3(2) (ii) it is for prosecution of studies in subjects other than academic or literary subjects.
43(3) Study leave out of India shall not be granted—
3 (3) (i) without the prior approval of the Central Government; and
3(3) (ii) for the prosecution of studies in subjects for which adequate facilities exist in India or under any of the Schemes administered by the Government of India.
3(4) Study leave shall not[ ]5 be granted to a member of the Service—
3(4) (i) who has rendered less than „seven years. service under the Government:
6Provided that the All India Service Officers borne on the North East Cadres of Assam-Meghalaya, Manipur-Tripura, Nagaland and Sikkim shall be eligible for the study leave after completion of six years. service under the Government; and
73(4) (ii) who is due to reach the age of superannuation within three years from the date on which he is expected to return to duty after the expiry of leave.
3(5) Study leave shall not be granted to a member of the Service with such frequency as to remove him from contact with his regular work or to cause cadre difficulties owing to his absence on leave.
83(6) Where a member of the Service borne permanently on the cadre of one State is serving, temporarily in another State or under the Central Government, the grant of study leave shall be subject to the condition that the concurrence of the State Government, on whose cadre he is permanently borne, is obtained before the leave is given.
Also, According to the section of the abovementioned act, Maximum amount of study leave that may be granted at a time and during the entire service.— The maximum amount of study leave, which may be granted to a member of the Service, shall be—
4(i) ordinarily twelve months at any one time, which shall not be exceeded save for exceptional reasons; and
4(ii) twenty-four months (inclusive of study leave granted under any other rules) in all during his entire service:
Provided that the All India Service Officers selected for fellowships approved by the Government of India, from time to time, by general or special orders, will be granted study leave for the entire period of fellowship, not exceeding twenty-four months.

Advocate Siddhant Sharma LawRato