IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9496 of 2004 SHASHI KUMAR NIRALA, SON OF SHRI NATHUNI SAH, RESIDENT OF VILLAGE INDRATH KALAN, P.S. BIKRAMGANJ, DISTRICT – ROHTAS. ……………. PETITIONER. Versus 1. THE STATE OF BIHAR, THROUGH THE SECRETARY, WATER RESOURCES DEPARTMENT, SINCHAI BHAWAN, PATNA. 2. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, BHAGALPUR. 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE NO. 2, WATER RESOURCES DEPARTMENT, JAMUI. 4. THE SUB-DIVISIONAL OFFICER, SUB-DIVISION NO. 1, WATER RESOURCES DEPARTMENT, KATAHARA TANR, DISTRICT – JAMUI. 5. THE EXECUTIVE ENGINEER, TRIBENI CANAL CONSTRUCTION DIVISION, WATER RESOURCES DEPARTMENT, NARKATIAGANJ. 6. THE EXECUTIVE ENGINEER, RURAL DEVELOPMENT SPECIAL DIVISION, RURAL DEVELOPMENT DEPARTMENT, BHOJPUR, ARA. 7. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, KATAHARA TANR, DISTRICT – JAMUI. …………. RESPONDENTS. ----------- 11/ 27.04.2011 Heard counsel for the petitioner and counsel appearing for the State. This matter was being adjourned repeatedly as the counsel appearing for the State was asked to file supplementary counter affidavit regarding payment of arrears of salary and adjusting the period of leave of the petitioner against his earned leave as according to the petitioner there were sufficient number of leave available in the leave account of the petitioner. Initially the writ application has been filed by the petitioner for two reliefs. The first relief related to recovery of Rs.1,40,309/- but so far that relief is concerned, petitioner is not interested now as that order 2 was subsequently modified. The second prayer of the petitioner relates to release of the arrears of salary for the period, details which has been given by the petitioner in Annexure-2 to the writ application. Petitioner’s case is that there are 240 days earned leave in his account and the period of 27 days absence could have been adjusted against 240 days earned leave in his account. From the supplementary counter affidavit it transpires that the salary for the period 18.1.2002, 11.4.2002 to 30.4.2002 was still under active consideration of the respondents. The last counter affidavit which has been filed on behalf of the State indicates that the petitioner willfully remain absent from duty for 40 days. Out of those 40 days, 21 days leave has been sanctioned and payment has been made to the petitioner, but so far 27 days are concerned, which relates to the period from 5.6.2002 to 14.6.2002, 9.9.2002 to 10.9.2002, 19.9.2002 and 4.10.2002 to 15.10.2002 total 27 days, this period has been decided to be the period for which no salary will be paid to the petitioner. This period has been treated as unauthorized 3 leave. However, this period will be counted for the pensionary benefits of the petitioner. I fail to understand why the respondents have adopted this rigid attitude towards the petitioner, when sufficient number of leave is available in the account of the petitioner and could have properly been adjusted. Though, sufficient time was allowed to the respondents for consideration of the matter, but it has not been done. Accordingly, this writ application is being decided in terms of issuing a direction to the respondents to adjust 27 days of unauthorized leave as mentioned in the earlier paragraph against the period of leave available in the earned leave account of the petitioner. After adjusting this period of leave as per the Rule in Bihar Service Code, the respondents will make payment of arrears of salary to the petitioner. The order with that regard must be passed by the concerned respondent within six weeks from the date of production/communication of this order. This application is allowed. DKS/ (Mridula Mishra, J.)