IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15267 of 2004 MOHD.ASRARUL HAQUE SARWAR, Son of Late Sarajul Huque, resident of Village Fatehpur, P.S. Zero Mile (Sabour) District Bhagalpur at present Routine Clerk, in the office of the Executive Engineer, Department of Rural Development, Special Division, Madhepura, District-Madhepura ---------------Petitioner Versus 1. THE STATE OF BIHAR 2. The Chief Engineer, Rural Development Special Department, Patna 3. The Superintending Engineer, The Rural Development, Special Circle, Saharsa 4. The Executive Engineer, Rural Development Special Division, Madhepura, District- Madhepura ------------------Respondents. ----------- 6. 11.08.2010 Counsel for the petitioner does not press the writ application so far as prayer no. 1 and 2 are concerned. The only other issue left is payment of salary for the period 1.12.2000 to 31.1.2001 as well as payment of salary for the period 1.3.2001 to 31.12.2001 amounting to about 10 months. Another period for which claim of salary is being made relates to March 2002 to December, 2003 which is another 22 months. So far as the claim of salary for the period December, 2000 to January 2001 is concerned, payment for this period has already been worked out but petitioner has not been paid the said amount by the Executive Engineer for the reason that the 2 present writ application was pending consideration before this Court. Let this amount be released in favour of the petitioner because there does not seem to be any impediment otherwise so far as release of this amount is concerned. This Court is not inclined to issue direction for payment to the petitioner for the other two periods because of the big span the petitioner has been away from responsibility. The first claim is for about 10 months and the other is about 22 months. Whether the petitioner has leave of various kinds which can cover up this period of absence is a matter which requires verification from the service records. There is some dispute with regard to the claim of the petitioner that he was on authorised leave and the stand of the respondents about his absence without an authority. In view of the dispute this Court has difficulty in adjudication and certifying for payment to the petitioner but the writ application is disposed of with a direction to the respondent Executive Engineer, Rural Development Special Division, Madhepura respondent no. 4 that he shall look into the applications and the service record of the petitioner, work out the periods for 3 which payment is to be made vis-à-vis the leave available to him in account and adjust the same for the two periods. If there are no leave of any kind available then the service rule will take care of the issue. But it is categorically recorded that the issue of payments for the two periods indicated above would be resolved one way or the other by passing an appropriate order within a period of four months from the date of production or communication of a copy of this order. The payment from December, 2000 to January, 2001 would be released forthwith. The writ application is disposed of with the above direction. Anand Kr. ( Ajay Kumar Tripathi, J.)