IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3297 of 2007 Birendra Kumar, SON OF SRI SURENDRA PRASAD SINGH, RESIDENT OF VILLAGE & P.O. MAHABALIPUR, POLICE STATION- PALIGANJ, DISTRICT- PATNA, AT PRESENT POSTED AS ASSISTANT ENGINEER, CHAMPARAN DIVISION, MOTIHARI, DISTRICT- EAST CHAMPARAN :---PETITIONER. Versus 1. The State Of Bihar THROUGH THE CHIEF SECRETARY. 2. THE COMMISSIONER-CUM-SECRETARY, WATER RESOURCES DEPARTMENT, BIHAR, PATNA. 3. THE ENGINEER-IN-CHIEF, WATER RESOURCES DEPARTMENT, BIHAR, PATNA. 4. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, BIHAR, PATNA. 5. THE SUPERINTENDING ENGINEER, MECHANICAL CIRCLE, WATER RESOURCES DEPARTMENT, EAST CHAMPARAN. 6. THE EXECUTIVE ENGINEER, WATER RESOURCES DIVISION, BALMIKINAGAR, EAST CHAMPARAN. 7. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, JHARKHAND AT RANCHI. 8. THE COMMISSIONER-CUM-SECRETARY, WATER RESOURCES DEPARTMENT, JHARKHAND AT RANCHI. 9. THE ENGINEER-IN-CHIEF, WATER RESOURCES DEPARTMENT, JHARKHAND AT RANCHI. 10. THE CHIEF ENGINEER, WATER RESOUORCES DEPARTMENT, JHARKHAND AT RANCHI. 11. THE SUPERINTENDING ENGINEER, IRRIGATION MECHANICAL CIRCLE, RANCHI, JHARKHAND. 12. THE EXECUTIVE ENGINEER, MECHANICAL DIVISION, BANASO AT HAZARIBAGH :----RESPONDENTS. ---------------------------------- 3. 14.09.2011. Heard learned counsel for the petitioner and the State of Bihar and Jharkhand. 2. This writ petition has been filed for a direction to the State of Bihar and its officials to consider the request of the petitioner for sanction of Earned Leave for the period 10.6.2000-24.7.2000 and 13.6.2004-31.8.2004 on the ground that during the said period he was ill and unable 2 to discharge his official duty. Further prayer in the writ petition is also for payment of arrears of salary for the period between 1.6.2000-9.6.2000, 25.7.2000-31.8.2000, March, April, May, 2004 and from 1.6.2004- 12.6.2004 and 1.9.2004 to 13.9.2004. 3. Counsel for the Jharkhand State has opposed the aforesaid prayer as during the said period petitioner was posted in the Jharkhand State prior to cadre allocation and repatriation to the State of Bihar and according to the counsel for the Jharkhand State remained under unauthorized absence and proceeding was initiated for such unauthorized absence which has now been transferred to the State of Bihar. Such statement has been made in the counter affidavit with supporting documents. 4. Counsel for the State of Bihar states that having received the proceeding initiated against the petitioner the competent authority shall pass appropriate order in the matter in regard to the prayer made in Paragraph-1 of the writ petition as also dispose of the proceeding file received against the petitioner from the State of Jharkhand within a reasonable time not exceeding three months from the date of 3 receipt/production of a copy of this order. In the event the State-respondents are satisfied with the claim of the petitioner that during the aforesaid period he or his other dependent suffered illness and was entitled for grant of Earned Leave, authorities shall pass appropriate order in the matter within the time indicated above from the date of receipt/production of a copy of this order before the competent authority. 5. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)