IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9504 of 2008 PHULESHWAR SINGH, SON OF LATE RAMNESHWAR PRASAD SINGH, RESIDENT OF VILLAGE- PAKADIA; P.O.- PAKADIA VIA SHAMBHUGANJ, DISTRICT- BANKA :--- PETITIONER. . Versus 1. BIHAR SCHOOL EXAMINATION BOARD, PATNA THROUGH ITS CHAIRMAN. 2. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD, PATNA. 3. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, PATNA :-- RESPONDENTS. ----------- 2. 09.04.2010. Heard learned counsel for the petitioner and the Bihar School Examination Board, Patna (hereinafter referred to as the “Board”). 2. Counsel for the Board submitted that the joining of the petitioner in the light of the orders of this Court dated 05th August, 2002 passed in C.W.J.C.No. 5999 of 2002 was accepted by the authorities of the Board but salary of the petitioner for the period May, 2002 to August, 2002 was allowed after treating that period as the period spent on Earned Leave and to that extent his Earned Leave was deducted from the leave account. After his retirement also Leave Encashment was allowed to the extent Earned Leave was available in the Leave Account. 3. Aforesaid contention of the Board is being refuted by the learned counsel for the petitioner by submitting that many other employees of the Board were allowed leave salary for the period May, 2002 to August, 2002. In this connection, learned counsel for the petitioner also relied on the orders of this Court passed in the case of S.J.Asghar Naqvi who did not apply for grant of Earned Leave for the period between May, 2002 to August, 2002 and was paid salary in compliance of the orders of the High Court dated 05.07.2005 passed in C.W.J.C.No. 8776 of 2004, Annexure-3 for the said period. It is submitted that in the light of the orders - 2 - of this Court dated 05.07.2005, Annexure-3 petitioner had also filed representation which remained pending before the authorities and thereafter he served legal notice dated 10.8.2007, as contained in Annexure-5 for treating his case also at par with the case of S.J.Asghar Naqvi. It is submitted on behalf of the petitioner that till date the representation of the petitioner filed in the light of the orders of this Court dated 05.07.2005, Annexure-3 has not been considered and disposed of. 4. Having heard counsel for the petitioner and the Board, I direct the petitioner to file fresh representation along with a copy of this order before the authorities of the Board who should consider and dispose of the same in accordance with law in the light of the orders of this Court dated 05.07.2005, Annexure-3 as the case of the petitioner as also S.J.Asghar Naqvi was considered by this Court under order dated 5th August, 2002 when they were allocated Jharkhand State cadre and their allocation to Jharkhand State was cancelled and they all joined the Board together and should have been treated similarly. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)