IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10774 of 2002 SAMPURNANAND TIWARI, son of Sri Chandra Shekhar Tiwari, resident of village Sonepur, P.S. Sonepur, District Saran at present posted as Lecturer in the Government Ayurvedic College Nathnagar, P.O. Champanagar, District Bhagalpur … Petitioner Versus 1. THE STATE OF BIHAR through the Commissioner cum Secretary, Department of Finance, Govt. of Bihar, Patna 2. Secretary, Department of Medical Education, Family Welfare and Indigenous Medicine, Govt. of Bihar, Patna 3. Additional Secretary, Department of Medical Education Family Welfare and Indigenous Medicine, Govt. of Bihar, Patna 4. Deputy Secretary, Personnel Claim Settlement Cell, Department of Finance, Govt. of Bihar, Pant Bhawan, Patna 5. Director, Indigenous Medicine, Department of Medical Education Family Welfare and Indigenous Medicine, Govt. of Bihar, Patna 6. Principal, Government Ayurvedic College, Champanagar, Bhagalpur … Respondents ----------- 3. 25.6.2010 Heard Mr. Banwari Sharma, learned counsel for the petitioner and the counsel for the State. The prayer of the petitioner in this writ application reads as follows: “The present application is for issuance of a writ in the nature of writ of mandamus directing the respondents for sanction of earn leave to the petitioner for 30 days in the year 1996, 56 days in 1997, 10 days in 1998 and 11 days in 1999 which has not been sanctioned and the amount for that period be 2 accordingly paid to him and his continuity in service be also maintained accordingly. The payments be made immediately with interest. And/or pass such other order or orders as this Hon’ble Court may think fit and proper in the facts and circumstances of the case.” Mr. Sharma, learned counsel for the petitioner, would submit that such routine matter as a matter of fact was not even required to be brought to the notice of this Court but then the employees are literally helpless on account of a situation which was then prevailing in the year 1989. He would submit that the petitioner’s leave application for grant of earned leave for the period 1996, 1997, 1998 and 1999 has remained undecided till date only because the Director, Indigenous, has not found sufficient time to pass an order on such leave applications filed by the petitioner. He would further submit that what has really hurt the petitioner is that in similar circumstances the leave application of other employees of the same College, in which the petitioner is an employee, has already been 3 allowed but for no good and valid reasons the same treatment has not been extended to the petitioner. Counsel for the State, as usual, has no instructions. No counter affidavit has been filed in this case despite indulgence given by an order dated 25.9.2002. It is really shocking for this Court to note that now not filing of the counter affidavit has become a practice of the day and round after round litigation is coming before this Court only because the respondents have not come with their case. In the first instance such practice has to be some day by someone improved or the whole concept of redressal of grievance through judicial remedy would be rendered meaningless only because of repeated litigations and unsurmountable arrears of cases. The fact that this case could be taken up after almost 8 years of the last order dated 25.9.2002 would only demonstrate as to large number of cases are pending before this Court and most of them only due to want of instruction and filing of counter affidavit. 4 It is high time that the respondent officials of the State of Bihar take some concrete measures for improving the system. This Court would not like to say anything more for the present. Coming to the facts of this case this Court will have no hesitation in issuing a direction to the Director, Indigenous medicine to ensure that whatever decisions has to be taken in respect of the prayer made by the petitioner in this writ application pertaining to grant of earned leave must be taken by him within a period of three months from the date of receipt/ production of a copy of this order, failing which the present incumbent of the post will be held personally liable for violation of the order of this Court. It goes without saying that if the leave is found admissible to the petitioner an order to this effect will be passed and any consequential benefit pending on the same shall also be extended to the petitioner within next three months of such order. With the aforementioned 5 observations and directions, this application is disposed of. Let a copy of this order be sent both to the Chief Secretary and the Principal Secretary, Health. (Mihir Kumar Jha,J.) Surendra/