IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4078 of 2007 Bilayti Singh, son of Sri Suresh Singh, resident of Village Kaiyar, P.S. Sikandra, Via-Aliganj, Dist. Jamui, Headmaster, Primary School, Bajitpur, Anchal-Halsi, Dist. Lakhisarai. ----- Petitioner Versus 1. The State of Bihar through the Secretary, Department of Human Resources, Government of Bihar, Patna. 2. The District Magistrate, Lakhisarai. 3. The Deputy Development Commissioner-cum-Chairman, District Establishment Committee, Lakhisarai. 4. The District Superintendent of Education, Lakhisarai. 5. The Block Education Extension Officer, Halsi, Anchal-Halsi, Dist. Lakhisarai. ------- Respondents ----------- 2 16.08.2011 Having heard learned counsel for the parties and taking into account that the petitioner cannot claim medical leave as a matter of right, inasmuch as, the petitioner’s absence for a period of one year and two months was neither certified by a duly constituted medical board nor supported by any medical certificate at the time of the joining report as is apparent from Annexure-3 to this writ application. That being so, this Court does not find any error in the impugned order sanctioning the petitioner’s admissible earned leave and treating the rest of his period of absence by way of extraordinary leave without pay. The petitioner in fact 2 should be thankful to his disciplinary authority that he has not treated the aforesaid period of his absence as a break- in-service, which otherwise could have led to denial of his pensionary benefit. With the aforementioned observations, this application is dismissed. Rsh (Mihir Kumar Jha, J.)