IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6527 of 2002 Rameshwar Prasad Singh, son of Late Kapildeo Singh, resident of Village-Pachakathiya, Police Station-Shah Kund, District – Bhagalpur at present Foreman Grade-I, M.R.T. Sub-Division N0. 1, Bihar State Electricity Board, New Punaichak, Patna. ……..Petitioner. Versus 1. Bihar State Electricity Board through its Chairman, Bidhyut Bhawan, Bailey Road, Patna. 2. The Secretary, Bihar State Electricity Board through its Chairman, Bidhyut Bhawan, Bailey Road, Patna. 3. The Joint Secretary, Bihar State Electricity Board through its Chairman, Bidhyut Bhawan, Bailey Road, Patna. 4. The General Manager-cum-Chief Engineer, Central Electric Supply Area, Patna. 5. The Electrical Superintending Engineer, Patna Electrical Circle, Patna. 6. The Electrical Executive Engineer, MRT Division, Punaichak, Patna. ……Respondents. ----------- For the petitioner : Mr. Rajeeva Roy, Advocate For the BSEB : Mr. Subhash Kishore Verma, Advocate ----------- 07. 09.02.2009 Heard learned counsel for the petitioner and learned counsel for the Bihar State Electricity Board. The petitioner has challenged the orders contained in Annexures 1, 2 & 3 on the ground that since the departmental proceeding was dropped on account of petitioner’s mercy appeal to the Chairman of the Board and he was also later allowed admissible leave for the period of unauthorized absence, he should have been granted only medical leave for the entire period of absence without grant of ninety days of earned leave as ordered by the Electrical Executive Engineer vide Annexure-3 dated 18.03.2002. The court has been informed that now the petitioner has superannuated from service and his only - 2 - interest is that if ninety days of earned leave are anyhow saved on account of other admissible leave then he may claim monetary benefits on account of further ninety days of unutilized earned leave. On going through the facts of the case and particularly Annexures-1, 2 & 3, this Court finds that the petitioner has been treated leniently and has been spared the trouble of facing a departmental proceeding. There is no categorical averment that petitioner had to his credit any other authorized leave which could be treated as medical leave on full pay. In absence of any such clear averment it is not possible for this court to grant any relief to the petitioner. However, since the petitioner is a retired employee, one more opportunity is given to him to file a clear short representation for change in the category of leave allowed, before the concerned Executive Engineer indicating what other kind of admissible leave on full pay was available to him in lieu of which ninety days of earned leave could have been saved. If such representation is filed it shall be considered in accordance with law and disposed of without any delay preferably within two months. The writ petition is disposed of. Vikash/- (Shiva Kirti Singh, J.)