WP(C) 320/2011 BEFORE HON’BLE MR.JUSTICE P K MUSAHARY Heard Mr. R.Ali, learned counsel for the petitioner. Also heard Mr. M.R.Pathak, learned Standing Counsel Education Department, Assam; Mr. B Gogoi, learned couns el for the respondent No.4 and Mr. U K Nair, learned counsel for the respondent No.5. From the averments made in this writ petition it is understood that the petitioner was rendering services as Assistant Teacher in M.E.School and he was sent up for Senior Basic Training for the period from 6.10.1984 to 18.7.1986. He was released for undergoing the said training but due to his illness he could n ot report in the training and had to return to the school. However, he was not a llowed to join in his School by the In-charge Headmaster of the School concerned . The petitioner reported the matter to the authorities concerned. On his consis tent persuasions, the Director Elementary Education, Assam vide order dated 28.5 .1986 exempted the petitioner from training due to his illness. The admitted position is that the petitioner could not render services f rom 6.10.84 to 18.7.1986 and he could resume his duties only after 18.7.1986.He retired on 28.2.2002. Regularization of service from 6.10.84 to 18.7.1986 rem ained pending. Even after his retirement, the matter was not taken up by the au thority concerned. At that stage, the petitioner filed WP(C)No.5707/03 and the s aid petition was disposed of vide order dated 29.7.2003 directing the respondent - authorities to examine the claim of the petitioner and on such examination if it is found that the pay and allowances of the aforesaid period was not disburse d to the petitioner, the same shall be released forthwith, preferably within a p eriod of three months from the date of receipt of the certified copy of the ord er with incremental benefits. The said order was not complied with for which the contempt case 'No.358/2008 was filed by the petitioner but unfortunately it was dismissed on default of the contempt petitioner. Due to non regularization of the aforesaid absent period, it appears tha t the pension matter of the petitioner could be settled. It is found that unless the aforesaid absent period is regularized, the question of payment of salary i n respect of the aforesaid period could not arise, so much so, the question of payment of pension to the petitioner would not also arise. In view of the aforesaid facts and circumstances of the case, this court feels it imperative to direct the respondents- authority particularly respond ents No.2 and 3 to find out whether the petitioner had any leave on his credit at the relevant point of time so that he can be granted earned leave as per exis ting rules and procedure and in case the entire period is not covered by grantin g earned leave the authorities concerned may grant him other leave including th e extra ordinary leave without pay as per existing provisions so that pension pa per could be prepared. The grant of leave and regularization of the aforesaid ab sent period be dealt with as expeditiously as possible and preferably within a p eriod of three months from the date of receipt of copy of this certified copy of this order. It is needless to say that the petitioner shall submit necessary pension papers with all necessary documents bearing his signatures etc.,after the afore said absent period is regularized. With the aforesaid directions this writ petition is disposed of.