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Patna High Court · body

2000 DIGILAW 478 (PAT)

Santosh Kumar v. State Of Bihar

2000-03-28

SUDHANSU JYOTI MUKHOPADHAYA

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Judgment 1. The petitioner an employee of the State, under Primary Education, has preferred this application for direction on the Respondents to accept his joining and to regularise the period of absence. 2. It appears that the petitioner, a teacher of Primary School, remained absent since November, 1995. 3. According to the petitioner, he was suffering from T.B. and had to proceed on leave for treatment. He reported on recovery of illness, on 17th October, 1996 but no order of acceptance of joining was issued. Further according to him on relapse of the ailment, he had to again proceed on leave, whereinafter rejoined on 8th December, 1998. 4. The grievance of the petitioner is that the Respondents in spite of application filed by petitioner and recommendation of Area Educational Officer, Jamui has have not issued order accepting his joining, nor regularise the period of absence. 5. In the counter affidavit, the Respondents have taken plea that the petitioner has not produced the relevant certificate (s) relating to illness for which no decision could be taken. 6. In the facts and circumstances, I direct the petitioner to appear before the District Supdt. of Education, JaMui within one month with an application showing details of absence, enclosing relevant certificates/prescriptions etc. in support of his claim of illness. In the application, the petitioner may request the authority-concerned to treat one or other period as medical leave; Earned Leave; Half Pay leave; Leave without pay etc., as permissible under the Leave Rules (Bihar Service Code). 7. If the petitioner appears and files such application, the D.S.E., Jamui will issue specific order relating to acceptance of joining of petitioner and will also mention as to where the petitioner to report on acceptance of such joining. He will also determine as to how the period of absence will be counted and what salary to which the petitioner will be entitled for such period of absence, taking into consideration the representation and the Leave Rules (Bihar Service Code), within one month from the date of receipt of such representation. 8. Necessary orders of posting, if so required be issued, within one month. 9. The writ petition stands disposed of with the aforesaid observations and directions.