IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11129 of 2003 DR.SARAT CHANDRA SHAH, son of Sri Kantilal Chunilal Shah, resident of Matru Chhaya, Yogeshwar Society, Station Road, Karamsad, P.S. vs. Vidyanagar, District Anand (Gujarat). … Petitioner. Versus 1. The STATE OF BIHAR 2. Commissioner-cum-Secretary, Department of Health, Government of Bihar, Patna. 3. Under Secretary, Department of Health, Government of Bihar, Patna. … Respondents. ----------- 4. 23.09.2010 No one appears for the petitioner. Counsel for the State is present. The prayer made in this writ application reads as follows:- “1. That in this writ application the petitioner prays for quashing part of the order contained in Memo No. 618(2) dated 24.3.2003 whereby and whereunder it has been directed as under:- (a) Leave without pay is sanctioned for the period of absence from 1.12.1994 to 19.7.1999 and the same shall not be reckoned as pensionable service. (b) Period from 20.7.1999 to 30.10.1999 is regularized on the ground of extra ordinary leave and the same shall not be reckoned as Pensionable service. (C)The petitioner shall be entitled to the benefit of pension till 30.11.1994. (d) The petitioner has been allowed to retire voluntarily with effect from 30.10.1999. It is clarified that the petitioner is not aggrieved by order mentioned in above paragraph (d) and he 2 assails the order as mentioned in Paragraph (a), (b) & (C) above. The petitioner further prays for a direction to the respondents to hold that his entire service from the initial date of joining, i.e. 22.3.1979 till 30.10.1999 be reckoned as pensionable service and the petitioner may be allowed all consequential monetary benefits for the aforesaid period of service.” As would be apparent from the reading of the relief portion itself, the main dispute relates to period 1.12.1994 to 30.10.1999 inasmuch as the petitioner claims that his service should be made pensionable while accepting his prayer for voluntary retirement whereas the respondents have categorically asserted that the petitioner was not present on duty in the said period. From paragraph 11 it is clear that the petitioner admittedly had not worked in the said period inasmuch as after remaining posted as Registrar, General Surgery in Patna Medical College for the period 10.7.1990 to 30.11.1994, he had allegedly submitted his joining report in the Secretariat only on 20.7.1999 on the ground that he was ill and had applied for sick leave. There is nothing on record to show that his such medical leave or any other type of leave was sanctioned. Consequently, 3 when the respondents had received the offer of voluntary retirement of the petitioner they had to decide also about said period of absence of the petitioner and that was the reason that the impugned order was passed holding the petitioner not entitled for counting the period 1.12.1994 to 30.10.1999 qualifying for pension. The grant of extraordinary leave to the petitioner was only to save him from the loss that he could have otherwise undergone in terms of Rule 101 of the Bihar Pension Rules. That being so, there is no merit in this writ application and the same is, accordingly, dismissed. kanchan (Mihir Kumar Jha, J.)