IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7486 of 2004 DR.SUBARN SHEKHAR JHA, SON OF LATE SRIDHAR JHA, RESIDENT OF MOHALLA RAJKUMARGANJ, P.S. DARBHANGA SADAR, DISTRICT DARBHANGA. ----------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PA TNA. 2. JOINT SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 3. UNDER SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 4. DIRECTOR-IN-CHIEF, HEALTH SERVICES, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 5. DEPUTY DIRECTOR, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. -------------------------------------------------------------------------------------------- RESPONDENTS ********** 4 7.12.2010 The petitioner is aggrieved by order dated, 3.8.2002, passed by the Health Department in which his absence for acquiring higher education has been treated from 27.6.1979 to 24.6.1984. The said period is not to be counted for the purposes of grants of increment or for the purposes of calculating his retiral benefits. Petitioner was granted study leave by the State Government’s memo no. 1831(3) dated 21.6.1979 for a period of two years for higher studies. The said leave was extended by memo no. 190(3), dated 19.7.1982 for a period of another two years. The petitioner joined back in service on 26.3.1983, however, it is apparent that the 2 petitioner did not join on the date on which he was required to join rather he joined on 25.6.1984. The joining of the petitioner was accepted on 17.7.1985. Learned counsel for the petitioner submits that as per Rule 204 of the Bihar Service Code, once he has been granted study leave and it is not in dispute that the petitioner was pursuing his studies in the concerned foreign country, the State Government cannot treat the four years of leave that was granted to him as absence from duty. It is submitted that at the most his absence would be from 26.3.1983 till the d ate on which he joined back in services i.e. 25.6.1984. Once the State Government has permitted the petitioner to go on study leave for a period of two years which was extended by another two years, I do not see any justification for counting the entire period as absence from service. The State Government can treat the petitioner absent from service from the date on which he was supposed to join, till the date he actually joined back in service. The fact that the 3 petitioner’s joining was accepted after delay i.e. on 17.7.1985, is not a fault of the petitioner, if the aforesaid facts have been correctly stated in the petition. I, accordingly, direct the respondent no. 2 to treat the petitioner’s absence from service from 26.3.1983 till the date he actually joined and pass appropriate orders regarding the said period and the dues that he would be entitled to after treating the period 27.6.1979 to 26.3.1983 as study leave. The petitioner may produce a copy of this order before respondent no. 2 within a period of eight weeks on receipt of a copy of this order and the respondent no. 2 may pass appropriate orders within a period of three months thereafter. This writ application is thus, disposed of. Sanjay ( Sheema Ali Khan, J.)