IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4630 of 2006 RAM DULARI DEVI, aged about 46 years, wife of Ram Lakhan Pd Singh, resident of Phulwarisharif Camp Jail, Kara Mandal, Beur, P S – Gardanibagh, District – Patna. Versus 1. THE STATE OF BIHAR through the Inspector General (Prison), Old Secretariat, Bihar, Patna. 2. The Superintendent (Prison), Old Secretariat, Bihar, Patna. 3. The Jail I.G. (Prison), Beur Jail, Phulwarisharif, Patna. 4. The Jailor Beur Jail, Anisabad, Phulwarisharif, Patna. ----------- 02. 29.10.2010 Claim of the petitioner to adjust the leaves between the period 2000 to 2005 as earned leave is not based on evidence and material to show that the petitioner has adequate earned leave to her credit, which could be adjusted against earned leave. The factum of absence is not denied. Explanation has been offered by her and in support thereof series of prescriptions of the doctors have been annexed . The issue is not justification for absence. The issue is whether petitioner could be paid salary even for the period when she had not worked. If leave is not available to her credit under the earned leave category then obviously there is no mechanism by which special benefit can be extended to her. Rules being what they are, if the earned leave has been utilized then rest of the left over leave will have to be adjusted under the head of leave without salary. Even at this stage, if petitioner can demonstrate before the respondents that some period has not been adjusted against earned leave to her credit, she can bring it to the notice of the authorities to do the needful, otherwise no interference is warranted. The writ application is dismissed with liberty as above. rkp ( Ajay Kumar Tripathi, J.)