IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11660 of 2002 AZAZ AHMAD aged about 47 years S/O Late Sadrul Hassan, husband of Late Safia Khatoon Azaji, asstt. Teacher, Govt. Basic School, Abhyasshala, Pusha Distt. Samastipur, resident of village Chakjado, P.O. Dargah Bela, P.s. Boligaon, District Vaishali. Versus 1.THE STATE OF BIHAR 2.The Director ( Primary) Education. Department Vikash Bhawan, New Secretariat, Patna. 3.Regional Deputy Director of Education (R.D.D.E.) Darbhanga at Laheria Saray. 4.The District Education Officer (D.E.O.) Samastipur. ----------- 3 25/6/2010 Heard counsel for the petitioner and Counsel for the State. Prayer of the petitioner in this writ application reads as follows:- “(i)A writ in the nature of “Mandamus” Commanding respondent no.2 to 4 speciall resondents no.3 (R.D.D.E, Darbhanga at Laheria Saray) and respondent no.4 (D.E.O. Samastipur) directing them to (R.D.D.E. and D.E.O.) tomake payment of Full and Half Salalry of E.L. and other leave of one and 6 months ( 18 months) or at least from 18.5.1998 to 25.9.1999 in which petitioner’s wife” namely Late Safiya Khatoon Azaji Asstt. Teacher, Govt. Basic School Abhyashsala, Pusa District. Samastipur who was a “Serious patient of “Cancer” an who was admitted on 18.5.98 and under treatment in “All India Medical Science (A.I.M.S), New Delhi and who died on 25.9.99 during her treatment in A.I.M.S. ( as contained Annexure 4/A of this petition) like the employees of Central Govt. and in the light of provision circular and Rule of “Central Govt.” by which the employees of Central Govt. have been provided Full and “Half salary for lthe period of 1 years and 6 months ( i.e. 18 months) of Earn Leaqve ( E.L.) and other leave in case of their treatment if they are patient of “Cronic Decease” like Cancer, T.B. and other dangerous decease and also on the ground that after agreement date 7.5.1999 held between the State Govt. and Representatives of Teachers Employees organization and agreement between State Govt. and Representatives of Non 2 Govt. employees Govt service Association it was agreed and decided that the service of employees of State Govt. will be treated like the services of Central Govt. Employees and employees of State Govt. will be provided and given all benefits i.e, pay scale, salary Earn leave etc. and other benefits including monetory benefits for their services by the State Govt. just like the employees of Central Govt. and their service and status will be treated just like the service and status of employees of Central govt. (ii)A writ in the nature of “Mandamus” Commanding respondents no.2 to 4 specially respondent no.3 (R.D.D.E.) and respondents no.4 (D.E.O.) directing them to make payment of salary of E.L. of 72 days which has illegally been added and counted by respondent no.3 without pay for which petitioner is legally entitled for full salary and also to make payment of half salary of 16 days of E.L. which has also been illelgally added and counted by respondent no.3 (R.D.D.E) without pay and for which also the petitioner is legally entitled. Therefore, respondent no.3 and 4 both may be directed to make payment of at least Full and half salary of total 88 days of both aforesaid period of E.L. and E.O.L. and other leaves also for which the petitioner is legally entitled in the eye of law as well as in the interest of fair and natural justice. (iii)A writ in the nature of Mandamus commanding respondents no. 2 to 4 specially to respondent no.3 (R.D.D.E.) and respondent no.4 (D.E.,O.) directing them to make payment of Full and Half salary for the period of at least 16 months and 7 days in which the petitioner’s wife was under the treatment of doctors of A.I.M.S. New Delhi, for which the petitioner is legally entitled and also on the Humanitarian ground. (iv)Any other writ/writs, direction/directions order/orders for which the petitioner is legally entitled in eye of law may be issued/directed/passed against the respondents no.2 to 4 specially against respondent no.3 (R.D.D.E.), and respondent no.4 (D.E.O.) by this Hon’ble Court with regard to make payment of Full and Half salary for the aforesaid period of E.L. E.O.L. and other leaves of to petitioners wife to the petitioner in the interest of fair and natural justice.” Counsel for the petitioner would submit that admittedly the petitioner was ill and was hospitalized in All India 3 Institute of Medical Science and such stand was also supported by the documentary evidence. It is therefore submitted that the respondents cannot refuse the leave. For examining such question of fact this Court have been really given better assistance if the respondents could have filed a counter affidavit explaining the reasons for not approving the leave sought by the petitioner. Unfortunately no counter affidavit has been filed in this case and as such this Court would have to again remit the matter back to the respondents. It is well settled that the leave is not a matter of right and grant of leave is also subject to Rules and Regulations framed by the State of Bihar. In that view of the matter, all that this Court can do is that it may direct the respondent no.2 to consider the grievance of the petitioner and take a final decision within a period of four months from the date of receipt/production of a copy of this order. With the aforesaid observation and direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)