IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11672 of 2010 1. DR.ASHOK KUMAR SHARMA S/O LATE BAIDHYA NATH PRASAD ROY MOH POKHARIA, P.S.SADAR THANA, DISTT-BEGUSARAI Versus 1. THE STATE OF BIHAR 2. SECRETARY CUM HEALTH DEPARTMENT BIHAR, PATNA 3. DIRECTOR IN CHIEF DEPARTMENT OF HEALTH GOVT. OF BIHAR ----------- 2 18/03/2011 Annexure-1 dated 28.01.2010 is the notification issued by the Deputy Secretary, Department of Health, Government of Bihar, Patna by virtue of which it has been declared that for the period 17.10.1979 to 06.11.1981 the grant of study leave to the petitioner would be treated as extraordinary leave but shall not be counted for the purpose of grant of pension. According to the learned counsel representing the petitioner, such a decision is in teeth of a Division Bench decision rendered in the case of Dr. Sunil Kumar Vs. State of Bihar which is L.P.A. No. 810 of 2007 disposed of on 17.03.2008. In similar circumstance the Court had quashed that portion of the notification which held that the period under leave will not be counted for pensionary benefit. - 2 - Since there is no evidence on record to show that the petitioner has moved the concerned authority in this regard, this writ application is disposed of with liberty to the petitioner that let him move respondent no. 3, the Director-in-Chief, Department of Health, Govt. of Bihar, Patna with a request in this regard along with a copy of the order of the Division Bench and a copy of this order who shall look into the matter, take a decision and communicate the outcome of the claim made by the petitioner within a period of three months of filing of such an application. This writ application stands disposed of with the above observation/direction. AMIN/ (Ajay Kumar Tripathi, J.)