ORDER 1. The petitioner seeks quashing of the order as contained in Memo No. 929 dated 27.2.2003 of the Superintendent of Police (B), Special Branch, Bihar, Patna, by which the petitioner's representation for converting 220 days of earned leave into commuted leave and further 19 days of half earned leave into commuted leave has been rejected. 2. The case of the petitioner is that he fell ill owing to severe Jaundice and remained absent from service on leave from 20.3.1999 to 18.7.1999 to the knowledge of the respondents and during the said period he was under treatment in Government Hospital. After recovery he submitted his joining on 19.7.1999 but the authority did not consider the period after his joining 19.7.1999 till 25/26.10.1999 in duty and arbitrarily sanctioned earned leave for 220 days starting from 20.3.1999 to 25.10.1999. The further grievance of the petitioner is that he was sanctioned half earned leave for period of 19 days from 1.3.1999 to 19.3.1999 stating that the petitioner was absent in the said period. On such fact learned counsel for the petitioner submitted that the petitioner was entitled to reliefs as prayed in terms of Rule 234 of Bihar Service Code. 3. A counter affidavit has been filed on behalf of respondent no. 5 Superintendent of Police (B), Special Branch, Bihar/Patna, wherein it is stated that after his transfer from Special Branch to Patna Zone the petitioner was relieved on 1.3.1999 but instead of joining his new positing Noorasarai till 19.3.1999, on 20.3.1999 he reported sick and disappeared purportedly to avoid proceeding on transfer. Thereafter he reported his arrival on 26.10.1999 to Reserve Office, Special Branch, Patna. Thus, for 220 days from 20.3.1999 to 25.10.1999 he was without any duty. It is further stated that thereafter the petitioner filed representation before respondent no 5 on 26.10.1999 to consider the period 20.3.1999 to 18.7.1999 (121 days sick) not earned leave. 4. Considering the aforesaid facts and the representation of the petitioner he was sanctioned 220 days earned leave for the period of his absence and 19 days half earned leave for the period of absence from 1.3.1999 to 19.3.1999 and the entire payment of arrears salary was made to him. 5. Thereafter the petitioner again filed a representation after receiving the aforesaid payment praying that the said 220 days earned leave should be converted into commuted leave.
5. Thereafter the petitioner again filed a representation after receiving the aforesaid payment praying that the said 220 days earned leave should be converted into commuted leave. The authorities on consideration of Rule 234 of the Bihar Service Code rejected the representation of the petitioner. Rule 234 provides that a Government servant can have the half pay leave due converted into half the amount of full pay leave. Such converted leave will be termed "commuted leave". It will be granted only on medical certificate, subject to a limit of 180 days in the case of a Government servant in superior service and 120 days in the case of a Government Servant in inferior service, during the entire service. It is further provided in the said rule that commuted leave may be combined with earned leave but such combination will be limited to 180 days or 120 days as the case may be. 6. It is evident from the facts of his case that the petitioner remained absent for period of 19 + 220 days. Hence, the authorities have rightly rejected the representation of the petitioner as acceding to the same would have amounted to granting him commuted leave and earned leave for 220 + 19 days which is contrary to the limit of 180 days fixed by Rule 234. 7. In the aforesaid view of the matter the writ petition must fail and it is accordingly dismissed but without any order as to cost.