IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8860 of 2002 SHIV KUMAR PRASAD Versus THE STATE OF BIHAR & ORS ----------- 4 23.3.2009 Heard learned Counsels for the petitioner and the State. Counter affidavit is stated to have been filed on behalf of respondent Nos.2 and 3. However the same is not available on record and therefore the Court requested the learned Counsel for the State to make available his copy for perusal to enable disposal of this application. The petitioner was an employee of the Bihar State Food and Civil Supplies Corporation. By an order dated 4.4.1997 his services was transferred/deputed to the State Commission created under the Consumer Protection Act. The order itself stated that his entire service book and last pay certificate should be - 2 - made available to the State Commission where the petitioner has been deputed/transferred. The grievance of the petitioner is that his 38 days Earned Leave credited to his account while serving in Bihar State Food and Civil Supplies Corporation is not being benefited to him on his transfer/deputation. Counter affidavit of the respondents states with reference to an order dated 13.5.2002 that his date of joining in the State Commission shall be deemed to be his date of appointment. The writ petition is raising purely an administrative issue with regard to 38 days of Earned Leave. Neither the appointment of the petitioner in the Corporation is in dispute, nor his transfer/deputation is in dispute. This Court fails to understand what is the legal issue involved - 3 - requiring adjudication by the High Court under Article 226 of the Constitution of India. If the last pay certificate and service book of the petitioner were required to be transported by the Corporation to the State Commission when both the Corporation and the Commission are under the State Government, this Court finds it very difficult to accept the submission of the State that it was a fresh appointment. If it was a fresh appointment the need of last pay certificate as well as the service book is completely irrelevant. A purely administrative issue created by a bureaucratic rigmarole has remained pending since 2002 before this Court. This Court holds that the petitioner shall be entitled to the benefit of the Earned Leave credited to his account in the Corporation. Let benefit of the same be made available to - 4 - him in his continued service on transfer from the Corporation to the State Commission. Writ application stands allowed. (Navin Sinha,J.) A.Kumar