IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13536 of 2005 Dr. Rajendra Singh, son of Late Makhu Singh, resident of Nai Passti Fatehpur, PS and district Siwan – Petitioner. Vs. 1) The State of Bihar, 2) Secretary Cum Commissioner, Health Department, Bihar, Patna. 3) The Addl. Secretary, Health Services, Bihar, Patna. 4) The Director, Health Services, Bihar, Patna. 5) Special Secretary, Health Services, Bihar, Patna. 6) Dy. Director, Health Services, Bihar, Patna – Respondents. 5 18.3.2011 In this writ petition, the petitioner has made a prayer that his services should be regularized for the period 12.7.1988 to 18.5.1989 and 7.11.1993 to 31.1.1996 and also for grant of leave for the period 2.12.1992 to 31.10.1995. This matter came up earlier before this court and this court directed that the period between 1992 to 1995 should be considered by the department in view of the fact that the petitioner was actually unfit to attend the office during the aforesaid period. Even before the filing of the writ petition the petitioner’s representation was disposed of on 4.12.1997 vide Annexure 8 to the writ petition. Annexure 8 is challenged on the ground that it indicates that the authorities concerned have not applied their mind before passing the impugned order. It is also submitted that the relevant documents have not been considered. The impugned order indicates that the petitioner was absent from work between the period 2.12.1992 to 31.10.1995. It has also been stated that the 2 petitioner was waiting for posting between 1.11.1995 to 31.1.1996. Thus, the concerned authority has refused to entertain the petitioner’s application for grant of regularization of his service, by grant of leave for the period 2.12.1992 to 31.1.1996. Counsel for the petitioner submits that annexure 5 issued by the Joint Secretary on 17.5.1989 would indicate that one Rajendra Pd. Singh had been posted in the Subdivisional Health Centre. This was corrected by Annexure 5/A on 4.2.1998 and, therefore, the period between 1989 to 1998 cannot be counted to be the period for which the petitioner was absent as his posting and transfer took place only on 14.2.1998. It is also submitted that as per Annexure 2 issued by the Civil Surgeon-cum-Chief Medical Officer vide memo no. 112, dated 23.1.1998, the petitioner had applied for leave due to illness between the period 2.12.1992 to 31.10.199i5. The Civil Surgeon mentions that medical certificates have been provided by the petitioner from time to time to show that he was unable to attend the office due to his illness. It is submitted on behalf of the petitioner that these documents have not been taken into consideration and order has been passed without looking into the records and the surrounding circumstances explaining the absence of the petitioner from work. I accordingly direct respondent Secretary cum Commissioner of the Department to pass an appropriate order after considering the medical certificates and Annexures 2, 5 and 5/A within three months on receipt of a copy of this order. The petitioner is directed to file the documents mentioned aforesaid 3 along with a representation within six weeks on receipt of a copy of this order. This writ petition is, thus, disposed of. haque ( Sheema Ali Khan, J.)