IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20081 of 2010 CHANDAR DUSADH, S/O LATE GOKHUL DUSADH, R/O VILLAGE-PARASAWAN, WAJIRGANJ, P.S.-WAJIRGANJ, DISTRICT-GAYA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE HOME SECRETARY, GOVT. OF BIHAR, PATNA. 3. THE SENIOR SUPERINTENDENT OF POLICE, DISTRICT-GAYA. 4. THE O.P. INCHARGE, O.P.TANKUPPA, P.S.- WAJIRGANJ, DISTRICT-GAYA. 5. THE CIRCLE OFFICER, WAJIRGANJ, DISTRICT- GAYA. ………………RESPONDENTS. ----------- 2 22.02.2011 As per the case of the petitioner, petitioner was absent from duty on medical grounds which he had intimated to his higher authorities. After he recovered, he submitted his joining to the officer in-charge of the O.P., vide Annexure-4, along with the certificates, on 01.03.2010. Learned counsel for the petitioner submits that till today no orders have been passed on the application of the petitioner for his joining and for adjusting his period of absence against his admissible leave. He submits that since the petitioner is going to superannuate with effect from 31st of May, 2011 if no orders are passed in respect of his period of absence and his joining is not accepted petitioner may find difficulty in getting his post retiral benefits. The grievance of the petitioner appears to be genuine. If the petitioner was absent from duty and 2 thereafter has submitted his joining, a specific order is required to be passed, either way, on his application for allowing him to join and in respect of the period of his absence. Since the petitioner is going to superannuate with effect from 31st of May, 2011 it will be appropriate for the respondents to pass specific orders in this regard before his superannuation. Therefore, this writ application is disposed of with a direction to the concerned respondent to pass specific orders on the application of the petitioner, as contained in Annexure-4, and in respect of his absence from duty so that the petitioner may not be handicapped in getting his post retiral benefits fixed and paid to him after his superannuation. However, it is made clear that this Court has not expressed any opinion with regard to the genuineness of the claim of the petitioner which has to be considered by the concerned authority while passing final orders. Arvind/ ( J. N. Singh, J.)