IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5737 of 2004 DR.RAM BILASH CHOUDHARY, son of Late Bhuramal Choudhary, resident of Mohalla- P.S. Town Thana, District- Muzaffarpur. ... Petitioner. 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, Motihari. ... Respondents. ----------- 3. 15.11.2010 Having heard learned counsel for the petitioner and learned counsel for the State as with regard to the solitary relief seeking quashing of the impugned order dated 10th March 2004 whereby and whereunder his claim for grant of medical leave with pay has been rejected, this Court is of the considered opinion that the petitioner could not have been granted such half pay leave in lieu of the medical leave, as a matter of right. The formalities for getting such medical leave, on the basis of which the petitioner could have claimed its conversion into half pay leave, were never completed by him while he was in service. There is nothing on record to show that the petitioner’s alleged continued illness for a period exceeding a month was supported by the Report of 2 Medical Board on the basis of which he could have been granted medical leave and also payment of salary by computing as half pay leave. Thus in the opinion of this Court, the prayer of the petitioner for grant of leave for the period 6.3.1993 to 29.12.1995 was rightly rejected, specially when the petitioner had already drawn payment of his full leave encashment for the admissible earned leave. As with regard to the claim for payment of salary for the period 30.12.1995 to 21.7.1997 the authority in the impugned order has recorded that the petitioner after appearing in the office of the Civil Surgeon on 29.12.1995 had not reported in the Headquarters at Patna Secretariat though the Civil Surgeon had directed him to do so. There is also a specific finding recorded by the Authority in the impugned order that the petitioner had never submitted his joining report in the Secretariat despite a clear direction given to him to this effect by the Civil Surgeon. In that view of the matter, this Court would not find any reason to disturb such finding of fact recorded in the impugned order for denial of payment of salary to the 3 petitioner for the period 6.3.1993 to 21.7.1997. That being so, there is no merit in this application and the same is, accordingly, dismissed. . kanchan (Mihir Kumar Jha, J.)