IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.5200 OF 2005 KRISHNA NANDAN GUPTA, SON OF LATE CHANDI PRASAD, RESIDENT OF LAKSHMANNAGAR, RING BANDH, SITAMARHI …………………..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE COMMISSIONER –CUM- SECRETARY, DEPARTMENT OF HEALTH, BIHAR, PATNA 3. THE DEPUTY SECRETARY, DEPARTMENT OF HEALTH, BIHAR, PATNA 4. THE JOINT SECRETARY, DEPARTMENT OF HEALTH, BIHAR, PATNA 5. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA 6. THE DEPUTY DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA 7. THE REGIONAL DEPUTY DIRECTOR, HEALTH SERVICES, TIRHUT DIVISION, MUZAFFARPUR 8. THE CIVIL SURGEON –CUM- CHIEF MEDICAL OFFICER, SITAMARHI 9. THE ACCOUNTANT GENERAL, BIHAR, PATNA ………………………………………………………………………..RESPONDENTS ********* FOR THE PETITIONER :- MR. AJAY KUMAR THAKUR NO. 2, ADV. FOR THE S T A T E :- MR. R. S. SINGH, AC TO AAG 15 FOR THE A.G. :- MR. L. P. K. RAJGRIHAR, ADDL. S.C. ********** 4 04/01/2011 The main grievances of the petitioner have been redressed by the authorities concerned. The petitioner, however, is aggrieved by the fact that his period of absence between 08.09.1978 to 23.09.1981 has been treated as extra-ordinary leave. The petitioner claims that he was entitled to 120 days of earned leave and was entitled to leave under rule 232 of the Bihar Service Code i.e. leave with half pay which ought to be calculated before treating the period 08.09.1978 to 23.09.1981 as extra-ordinary leave. This Court finds that although this petitioner has come to this Court on the earlier occasion and after the orders of this Court vide Annexure-7 and 8, the State 2 has modified its earlier order vide memo no. 820 dated 01.08.1998 contained in Annexure-8 series, has not considered this aspect of the matter. I, therefore, direct that the petitioner should file a representation before the respondent no. 2 within a period of eight weeks from the date of receipt of a copy of this order, who will consider this aspect of the matter and pass appropriate orders within a period of four months from the date of receipt of the representation. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )