IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12691 of 2009 SHASHIKANT PRASAD Versus THE STATE OF BIHAR & ORS ----------- 2. 07.10.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. The relief sought is for release of salary since June 2008 to 19.8.2008 and 25.5.2009 to 16.7.2009. Further relief sought is for adjusting the period of absence purportedly as per Service Rules and granting of ACP and updating of his GPF account. It is submitted that the petitioner was taken ill on duty and submitted a leave application and proceeded on leave. He joined duty after recovery when he again fell ill and was required to proceed on leave again for which he submitted an application. The submission therefore is that it was not a voluntary absence but one compelled by illness. Reliance is sought to be placed on certain reports of a Medical Board with regard to illness. Learned Counsel for the State urged that mere submission of a leave application does not tantamount to grant of leave unless there be a formal order to that effect. In fact the leave applications of the petitioner have been rejected Leave is not a matter of right for a government servant. However, there may be compelling circumstances including that of health at times necessitating a government servant to give a leave application and proceed on leave for treatment. Thereafter it shall be a matter for factual examination and verification by the employer as to whether the illness was of a compelling nature leaving no time for the employee to await sanction of the leave. The employer is then required to consider the absence in light of the aforesaid assessment This Court in its writ jurisdiction is not persuaded that it shall be appropriate exercise of jurisdiction to go into the issue of facts of the nature of the illness, the medical assessment by the Board, the capacity of incapacity to discharge duties and absence from office in view of nature of the illness. These are matters to be appropriately examined by the employer and only whereafter appropriate decision with regard to the period of absence can be taken. The representation of the petitioner appended at Annexure 14 is acknowledged to be falling short of the desired requirements and enclosures. Leave is therefore sought to file a fresh representation enclosing documents with regard to his illness etc. to enable the authorities to decide appropriately with regard to the period in question for which salary etc. is claimed. The writ application is disposed with the direction that if the petitioner prefers a detailed representation, as discussed above, within a maximum period of two months from today the authorities shall consider the same and dispose it of by a reasoned and speaking order within a maximum period of three months from the date of receipt and or presentation. Snkumar/- (Navin Sinha,J.)