IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.73 of 2011 Dr.Ram Bilash Choudhary son of late Bhuramal Choudhary, resident of Mohalla- Akharaghat Road, P.O.- Muzaffarpur P.S.-Town Thana, District Muzaffarpur ......Petitioner/ Appellant Versus 1. The State Of Bihar through Commissioner and Secretary, Health and Family welfare Department, Bihar, Patna 2. The Commissioner and Secretary, Health and Family welfare Department, Bihar, Patna 3. The Commissioner and Secretary, Finance Department, Bihar, Patna 4. The Chief Medical Officer and Civil Surgeon, East Champaran at Motihari ..........Respondents/ Respondents ----------- 6 13-04-2011 Heard learned counsel for the appellant and learned counsel for the State. A perusal of the order under appeal passed by learned writ court discloses that claim for medical leave was not accepted by the authorities because the formalities for getting such medical leave were not completed and there was nothing to show that the alleged illness continued for a period exceeding for a month and was supported by the report of the Medical Board. The formalities ought to have been completed while the appellant was in service but that was not done. The other claim is for salary for the period 30-12-1995 to 21-7-1997. It has been submitted that on the basis of subsequent order dated 14-7-1997 (annexure-5 to the writ petition), a presumption should 2 have been drawn that the appellant actually joined in the headquarters at Patna on 30-12-1995 and hence was entitled for salary for the said period. The authorities concerned as well as the writ court have come to a finding of fact that there is nothing to show that writ petitioner joined in the headquarters on 30-12-1995. On the issue of facts, we are not persuaded to take a different view. We find no merit in this appeal. It is, accordingly, dismissed. BKS/- (Shiva Kirti Singh, J.) (Akhilesh Chandra, J.)