IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.11672 of 2010
1. DR.ASHOK KUMAR SHARMA S/O LATE BAIDHYA
NATH PRASAD ROY MOH POKHARIA, P.S.SADAR
THANA, DISTT-BEGUSARAI
Versus
1. THE STATE OF BIHAR
2. SECRETARY CUM HEALTH DEPARTMENT BIHAR,
PATNA
3. DIRECTOR IN CHIEF DEPARTMENT OF HEALTH
GOVT. OF BIHAR
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2 18/03/2011 Annexure-1 dated 28.01.2010 is the notification
issued by the Deputy Secretary, Department of Health,
Government of Bihar, Patna by virtue of which it has
been declared that for the period 17.10.1979 to
06.11.1981 the grant of study leave to the petitioner
would be treated as extraordinary leave but shall not be
counted for the purpose of grant of pension.
According to the learned counsel representing
the petitioner, such a decision is in teeth of a Division
Bench decision rendered in the case of Dr. Sunil Kumar
Vs. State of Bihar which is L.P.A. No. 810 of 2007
disposed of on 17.03.2008. In similar circumstance the
Court had quashed that portion of the notification which
held that the period under leave will not be counted for
pensionary benefit.
-2-
Since there is no evidence on record to show that
the petitioner has moved the concerned authority in this
regard, this writ application is disposed of with liberty to
the petitioner that let him move respondent no. 3, the
Director-in-Chief, Department of Health, Govt. of Bihar,
Patna with a request in this regard along with a copy of
the order of the Division Bench and a copy of this order
who shall look into the matter, take a decision and
communicate the outcome of the claim made by the
petitioner within a period of three months of filing of
such an application.
This writ application stands disposed of with the
above observation/direction.
AMIN/ (Ajay Kumar Tripathi, J.)