IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1971 of 2007 Dr. Ram Charitra Roy, son of late Thakur Roy, resident of Village Sonbarsha, P.S. Bihpur, Dist. Bhagalpur. ------- Petitioner Versus 1. The State of Bihar. 2. The Health Secretary-cum-Commissioner, Health Department, Government of Bihar, Patna. 3. The Deputy Secretary, Health, Government of Bihar, Patna. 4. The Director in Chief, Health Services, Bihar, Patna. 5. The civil Surgeon-cum-Chief Medical Officer, Bhagalpur, Dist. Bhagalpur. 6. The Superintendent, Sub-Divisional Hospital, Naugachhia, Dist. Bhagalpur. ----------- Respondents ----------- 2 29.7.2011 Having heard learned counsel for the petitioner and counsel for the State, this Court would find no flaw in the impugned order dated 27.9.2006, inasmuch as, it is an admitted fact that the petitioner, on account of being physically unfit, imputed leg, was not in a position to discharge his official duty in the period, in question, i.e. from 1.4.1993 to 11.8.1997. The respondents, therefore, had rightly given the petitioner extraordinary leave, which would qualify for payment of pension and other retirement benefits. The petitioner otherwise could have been deprived of his retirement benefit on account of break in service for the aforementioned period and thus, the view taken by the respondents in the impugned 2 order of granting extra ordinary leave from 1.4.1993 to 11.8.1997 does not suffer from any error. The respondents, in fact, could have been unfair to the petitioner if they had not granted extraordinary leave because in that case, the petitioner’s past service could have stood forfeited and would not have qualified for grant of retirement benefit including pension. That being so, this Court does not find any merit in this writ application and the same is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)