IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12888 of 2011 Dr.Rajeev Sinha S/o Late Bhuneshwar Prasad Sinha, R/o Mohalla Jagdishpur, P.O. & P.S. Jagdishpur, District- Bhagalpur ……….Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary Department of Health, Government of Bihar, Patna 3. The Deputy Secretary, Department of Health, Govt. of Bihar, Patna ……….Respondents ----------- 2. 10.08.2011 With consent of the parties, this matter has been taken up for disposal at the stage of admission. The petitioner raises a grievance that even though the period of his sanctioned leave from 28.01.1991 to 26.05.1991 has been regularized, the same has not been taken into account for calculation of pensionery benefits. Learned counsel for the petitioner places reliance on a Division Bench decision of this court in L.P.A. No. 810 of 2007 dated 17.03.2008, whereby this court was pleased to quash that part of the order impugned therein by which extraordinary leave though granted was directed not to be counted for the purpose of pensionary benefits. Learned counsel appearing for the state requests that the matter may be remanded for fresh decision in the matter. He is however, unable to show any reason why in principle the decision in the aforesaid L.P.A. No. 810/2007 should not be applied to the facts and circumstances of the present case. This court is of the view that no fruitful purpose will be served in remanding the matter to the authorities for fresh decision, in the face of the aforesaid order of this court in L.P.A. no. 810 of 2007 as contained in Annexure-3. The writ petition is accordingly allowed and that part of the order dated 31.01.2007 as contained in Annexure-2 by which the period of the petitioner’s sanctioned leave has been directed to be excluded for purpose of pensionary benefits, is hereby quashed. Fahad. ( Vikash Jain, J. )