IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.653 of 2008 MADAN SINGH Versus THE STATE OF BIHAR & ORS ----------- For the appellant: Mr. Pramod Kumar Mishra For the respondent nos.1 to 5: Mr. Lalit Kishore, AAG – III Mr. Satyabir Bharti, JC P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 25th August, 2008 We heard the counsel for the appellant. 2. It is pertinent to notice that the respondents’ case in response to the petition, as per the counter affidavit, was that the present appellant (writ petitioner) had remained absent unauthorizedly for the period 1st October, 1992 to 30th June, 1997. However, the concerned authority reviewed and converted unauthorized absence to earned leave. 3. The contention of the writ petitioner before the single judge based on the letter dated 19th April, 2003 was that salary for the aforesaid period could not be paid due to non-availability of duty chart. 4. The Single Judge has, however, directed the Deputy Development Commissioner-cum-Chief Executive Officer, Zila 2 Parishad to verify the duty chart of the petitioner for the period from 1st October, 1992 to 30th June, 1997, and if it is found in the duty register that the petitioner has marked his attendance, the salary be paid for the said period. There appears to be nothing wrong in the impugned order. 5. The petitioner is entitled to salary for the period during which he marked his attendance register, otherwise the said period has already been treated as earned leave. 6. Seen thus, we find no justification to interfere with the impugned order. 7. Letters patent appeal is dismissed in limine. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-