IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.757 of 2010 DIGRANJAN KUMAR S/O LATE NARDHIP THAKUR R/O VILLAGE & P.O.- LAKHANPUR, P.S.- KATRA, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR THROUGH AJAY, SECRETARY WATER RESOURCES DEPARTMENT, SINCHAI BHAWAN, PATNA 2. THE DEPUTY SECRETARY, FINANCE DEPARTMENT GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA 3. THE CHIEF ENGINEER, MECHANICAL WATER RESOURCES DEPARTMENT, OLD SECRETARIAT BARRACK, PATNA 4. THE ACCOUNTANT GENERAL, BIHAR BIRCHAND PATEL PATH, PATNA 5. THE SUPERINTENDING ENGINEER MECHANICAL CIRCLE, BIRPUR, DISTT.- SUPAUL 6. THE EXECUTIVE ENGINEER, MECHANICAL DIVISION, PURNEA NOW MERGED INTO IRRIGATION MECHANICAL DIVISION BIRPUR, DISTT.- SUPAUL ----------- For the appellant :- Mr. R. N. Mukhopadhya, Advocate Mr. U. Ram, Advocate For the respondent :- Mr. Ajay Kumar, Advocate 3 22.04.2011 The present appeal has been filed against the judgment and order dated 03.03.2010 passed in C.W.J.C. No. 10356 of 2001 wherein the petitioner sought a direction upon the respondent authorities to release his post-retirement benefits admissible to him as a permanent employee of the State Government. But learned counsel for the appellant herein has submitted that the writ petition has been filed only for the sanction of the 2 pensionary benefits and the arrears on the salary. A counter affidavit has been filed in the present L.P.A. stating therein that the petitioner was absent for a total period of 23 years and 8684 days. From 31.03.1967 to 07.01.1991 is leave without pay. We are of the opinion that perhaps the period of abnormal days of absent of the appellant might have weighed by the learned Single while passing such order. It has been stated in paragraph 5 of the counter affidavit that the petitioner has sanctioned the leave for 8 days being E.L. (from 23.03.1967 to 30.03.1967) and 8684 days (from 31.03.1967 to 07.01.1991) as leave without pay vide his letter no. 207 dated 08.04.1999 which was for a period of 23 years. We are of the opinion that the appellant is not entitled for the sanction of pension or any other retirement benefit for the period he has not worked in the Department. Therefore, we direct the Chief 3 Engineer, (Respondent No.3) to consider the case of the appellant and pass a fresh order for sanction of the pension and the other retirement benefits if he is eligible as per pension rules after verifying necessary records. With the above modification in the order of the learned Single Judge this L.P.A. is disposed of Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.)