IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8505 of 2007 Ram Chandra Mahto, S/o Dilchand Mahto, resident of Village Bela Sandhan, P.S. Patepur, Dist. Muzaffarpur. ------- Petitioner Versus 1. The State of Bihar. 2. The District Superintendent of Education, Vaishali. -------- Respondents ----------- 2 28.09.2011 Heard learned counsel for the parties. The prayer of the petitioner for regularizing the services for the period 27.1.1996 to 21.4.2002 is sought to be supported by the learned counsel for the petitioner on a plea that the representation of the petitioner dated 15.1.2007 is still pending before the District Superintendent of Education, Vaishali and that this Court should direct the said authority to dispose of the representation of the petitioner. In the considered opinion of this Court, a writ application filed in the year 2007 seeking regularization of service from 1996 to 2002 on the medical ground can be remitted back only if the petitioner had before availing such medical leave already reported to the controlling authority as with regard to his being unwell. If the petitioner, therefore, has proceeded on leave in the year 1996 by giving information about his illness, 2 his representation dated 15.1.2007 can have a meaning and purpose but, if for the first time the petitioner has woken up in the year 2002 or thereafter i.e. after return from leave, it will be difficult for him to even get extraordinary leave. Be that as it may, as the petitioner’s representation has been filed to the Secretary of the District Education Establishment Committee and the power of grant of medical leave is with the appointing authority i.e. the Committee itself, this Court would direct the District Programme Officer, Vaishali, the successor of District superintendent of Education, Vaishali, to place the matter relating to the petitioner in the meeting of District Education Establishment Committee, which then would take a decision strictly in accordance with law. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)