IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20035 of 2010 1. Union of India through the Secretary, Ministry Of Information and Broadcasting New Delhi 2. The D.G. (Administration) M/O I & B, Shastri Bhawan, New Delhi 3. The Station Driver Patna 4. The Executive Engineer (Electrical), All India Radio Patna 5. The Assistant Engineer (Electrical), CCW, AIR Patna 6. The Chief Engineer © – 1, CCW, AIR R/O New Delhi 7. The Superintending Surveyor of Works, II CCW AIR Soochna Bhawan, New Delhi 8. The Superintending Engineer (Electrical) CCW, AIR, Kolkata .....Petitioners Versus 1. Ramesh Singh S/o Late Ram Nath Singh, resident of village Baraon, PS Nokka, District- Rohtas, at present working as peon in the office of All India Radio, Civil Construction Wing, Patna (E) office situated at Plot no.9, Adarsh Colony, Kidwaipuri, Patna ...Respondent ----------- 5 13-07-2011 Heard the parties and perused the memorandum dated 7th July, 2011 contained in annexure-16 to the rejoinder filed on behalf of petitioners to the counter affidavit of respondent. The last paragraph of that memorandum contained in annexure-16 shows that the Executive Engineer (Elect) CCW: AIR PATNA has reconsidered the earlier leave applications filed by the respondent pursuant to our order dated 19-1-2011. He has taken a lenient view and has been pleased to grant leave to regularize the period from 29-11-2003 to 9-8-2004 when the respondent was not on duty and had not worked. However, on the ground that during that period he had not worked, the respondent has been held not entitled for 2 any salary and emoluments. On hearing the parties, we are of the considered view that the respondent should be granted leave of any category available to him, to which his counsel agrees, which may entitle him to whatever salary he may receive on account of such leave. For that purpose, the period of absence should be categorized depending upon the kinds of leave available to the respondent and he shall be denied salary and emoluments only for the period he is not entitled to any leave and that period may be treated as leave without pay. The dues of salary and emoluments, if any, on account of aforesaid exercise should be paid to the respondent within two months from today. This writ petition is finally disposed of. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)