IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5843 of 2008 Saroj Singh Sisodia, wife of Narendra Kumar, resident of Mohalla Azad Lane Choudhary Tola Mahendra, P.S. Sultanganj, District- Patna, at present posted as Assistant Teacher, Middle School, Bakarpur, Sonepur, Chapra. ………….. Petitioner Versus 1.The State Of Bihar through Commissioner-cum- Secretary, Primary Education, Bihar, Patna 2.Divisional Commissioner, Saran Division, Chapra 3.Director, Primary Education, Bihar, Patna 4.District Magistrate-cum-Chairman, District Education Establishment Committee, Saran 5.District Superintendent of Education, Saran. …………… Respondents ----------- For the Petitioner : Mr.Ashok Kumar Chaudhary, Adv. For the Respondents: Mr.Anil Kumar Singh, A.C. to G.P.3. ---------- 2. 25/07/2011 Petitioner was earlier dismissed from service after proceeding by Annexure-3 dated 6.5.2000 on account of unauthorized absence for over five years. She moved this Court and this Court disposed of her writ application by directing her to prefer appeal against the said order as provided under the Rules. Accordingly, she filed Service Appeal No.1074 of 2006, which was considered and disposed of by the Commissioner, Saran Division by order dated 29.1.2007, as contained in Annexure-4. By the said order, the Commissioner set aside the order of dismissal and directed for examination and calculation of her absence and leave as per the Rules of the Government. Pursuant to the said order of the Commissioner, matter was again sent 2 before the District Establishment Committee, which, by resolution dated 30.3.2007, as contained in Annexure-5, ordered to reinstate the petitioner, but held that she will not be entitled for her salary of the period of absence on the principle of ‘No Work No Pay’. Pursuant to the said resolution of the Establishment Committee, the District Superintendent of Education has issued the impugned order dated 10.4.2007, as contained in Annexure-6. Learned counsel for the petitioner submits that though it is not stated in the order of the District Superintendent of Education, but the petitioner has been placed at the initial stage of pay scale and is not being paid increments etc. He submits that for the period of absence, i.e. from 16.3.1994 to 29.1.2000 petitioner may not be entitled for any payment, but surely the period has to be counted and/or adjusted against any admissible leave which may be due to her. It is also submitted that the period of absence has to be counted at least for the purposes of continuity of service and calculation of pensionary benefits. Though counter affidavit has been filed in the case, but learned counsel for the respondents does not deny that the period of 3 absence has to be counted as in service for the purpose of continuity of service and calculation of pensionary benefits. He also admits that the said period of absence of the petitioner has to be adjusted against any admissible leave of the petitioner due on account of her length of service. In the circumstances, in view of this admitted stand of the parties, this writ application is disposed of with a direction to the respondents to adjust the period of absence of the petitioner from 16.3.1994 to 29.1.2000 against her any admissible leave. The said period shall also be considered for the purpose of calculation of pensionary benefits and shall not be treated as break in service. It is also directed that the petitioner, upon her joining, shall be entitled to be placed on the pay scale and increment which she had last drawn before her suspension or before commencement of said unauthorized absence. Pradeep/ ( J. N. Singh,J.)