IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9284 of 2006 BINOD KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2 19.11.2010 Heard learned counsel for the parties. The issue left for adjudication in the present writ application is a kind of leave which the petitioner is entitled to for the period 13.9.2004 to 12.9.2004. In terms of annexure-1 which is dated 26.11.2005 this period had been treated by the respondents as extraordinary leave. Contention of the counsel for the petitioner is that in view of Rule 180 read with Rule 236 of Bihar Service Code if no other leave is available to an employee the question of treating the period of absence as extraordinary leave would arise. Neither the petitioner has made categorical statement with regard to the kind of leave which is available to him as per the service record nor the State in so many terms has stated that position with regard to the availability of leave to the credit of the petitioner. Be that as it may, the petitioner is permitted to file a fresh application stating the position of leave which was available at the relevant time to the credit of the petitioner and the concerned authority would be obliged to consider the matter afresh in the light of the provision of Rules 180 or 236 of the Bihar Service Code within a period of four months from the date of filing of such application on due verification of service record of - 2 - the petitioner. This writ application is disposed of with the above direction/observation. RPS (Ajay Kumar Tripathi,J.)