IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4216 of 2010 1. UMA SHANKAR S/O LATE KEDAR NATH R/O MO. HAJIGANJ, P.O.- JHAUGANJ, PATNA CITY, DISTT.- PATNA 2. RAM BABU PRASAD SINGH S/O LATE HARI BANSH SINGH R/O MO- PIRDAMARIA, P.O.- MADHO MILL, P.S.- MALSALAMI, DISTT.- PATNA Versus 1. THE BIHAR SCHOOL EXAMINATION BOARD, PATNA THROUGH ITS CHAIRMAN 2. THE CHAIRMAN BIHAR SCHOOL EXAMINATION BOARD, PATNA 3. THE SECRETARY BIHAR SCHOOL EXAMINATION BOARD, PATNA ----------- 3. 09.04.2010. Heard learned counsel for the petitioners and the Bihar School Examination Board, Patna (hereinafter referred to as the “Board”). 2. In compliance of my order dated 23.3.2010 counsel for the Board has filed counter affidavit stating that the joining of the petitioners in the light of the orders of this Court dated 05th August, 2002 passed in C.W.J.C.No. 5999 of 2002 was accepted by the authorities of the Board but salary to the petitioners for the period May, 2002 to August, 2002 was allowed after treating that period as the period of Earned Leave and to that extent their Earned Leave was deducted and after their retirement also the Leave Encashment was allowed to the extent of Earned Leave available in their Leave Account. 3. Aforesaid contention of the Board is being refuted by the learned counsel for the petitioners with reference to the averments made in paragraph-12 of the writ petition, wherein petitioners have given the names of various other employees of the Board who have been allowed leave salary for the period May, 2002 to August, 2002. In this connection, learned counsel for the petitioners also relied on the orders of this Court passed in the case of S.J.Asghar Naqvi who did not apply for grant of Earned Leave for the period between May, 2002 to August, 2002 and was - 2 - paid salary in compliance of the orders of the High Court dated 05.07.2005 passed in C.W.J.C.No. 8776 of 2004, Annexure-2 for the said period. It is submitted that in the light of the orders of this Court dated 05.07.2005, Annexure-2 petitioners had also filed their representation which remained pending before the authorities and thereafter they served legal notice dated 31.3.2009, as contained in Annexures 3 and 3/A for treating their case also at par with the case of S.J.Asghar Naqvi. It is submitted on behalf of the petitioners that till date the representation of the petitioners filed in the light of the orders of this Court dated 05.07.2005, Annexure-2 has not been considered and disposed of. 4. Having heard counsel for the petitioners and the Board, I direct the petitioners to file fresh representation along with a copy of this order before the authorities of the Board who should consider and dispose of the same in accordance with law in the light of the orders of this Court dated 05.07.2005, Annexure-2 as the case of the petitioners as also S.J.Asghar Naqvi was considered by this Court under order dated 5th August, 2002 when they were allocated Jharkhand State cadre and their allocation to Jharkhand State was cancelled and they all joined the Board together and should have been treated similarly. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)