IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3187 of 2010 NARESH PRASAD Versus THE STATE OF BIHAR & ORS ----------- 2/ 06/09/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was posted as a Draftsman Grade-II, Magadh Road Circle, Gaya in the Road Construction Department. He is aggrieved by the refusal of the respondents to accept his joining. In view of the limited nature of relief sought this Court does not consider it necessary to take note of the facts except to the extent necessary for disposal of the writ application. Since the matter is essentially being left to the administrative discretion of the respondents, in the nature of the moulded relief sought, any further observations and/or directions may prejudice the case of either side. The petitioner acknowledges having remained absent from duty for a long period of time. He seeks to explain the same which does not appear to be meeting the satisfaction of the respondents. His joining is not being accepted. Learned counsel for the petitioner submits - 2 - that he is willing to forego any claim for wages for the period of absence. The petitioner is willing to be fixed in seniority where he stood on the date of first absence in the year-2000, but only seeks that the period of absence may be treated as one on duty for purposes of pension an other post retiral purposes notionally. Learned counsel for the State rightly submits that these are matters to be considered by the respondents in accordance with law. If the petitioner represents for acceptance of his joining, this Court expects the same to be considered in accordance with law keeping in mind the stand taken by the petitioner before this Court. Let such decision be taken preferably within a period of six weeks from the date of presentation of the representation along with a copy of the present order. The application stands disposed. KC ( Navin Sinha, J.)