ORDER : Pramath Patnaik, J. In the accompanied writ application, the petitioner has, inter alia, prayed for quashing the impugned order dated 04.03.2008 vide Annexure-4 to the writ petition, whereby the respondent No. 2 purported to have disposed of the representation of the petitioner treating the period of 09.05.2005 to 14.07.2006 to be adjusted against leave and due to non-availability of Earned Leave the said period has been directed to be treated as extraordinary leave and further prayer has been made for direction upon the respondents for payment of arrears of salary for the period from May, 2005 to June, 2006 with interest. 2. The facts, as enumerated in the writ petition, in a nutshell is that initially the petitioner was appointed as Assistant Surgeon-cum-Medical Officer and he was posted at Primary Health Center, Nagaruntari, Garhwa. By passage of time, the petitioner was declared senior and he was made In-charge Medical Officer, Primary Health Center, Senha in the district of Lohardaga and accordingly he took charge of the said post on 09.08.2001. While continuing as such, the respondent No. 3 issued an office order asking the petitioner to hand over the charge to one Dr. Sunil Minz. Aggrieved thereof, the petitioner preferred writ petition, before this Court vide W.P. (S) No. 2917 of 2005, which was disposed of vide order dated 21.06.2006, holding inter alia, that Civil Surgeon has no jurisdiction to issue such office order and Civil Surgeon, Lohardaga was directed to allow the petitioner to rejoin on the same post. Pursuant thereto, the petitioner made a request to respondent No. 3 to join his original post and further to pay the arrear and current salary. Thereafter, respondent issued order dated 14.07.2006 whereby he directed the petitioner to continue on his earlier post but at the same time held that the period 09.05.2005 to 27.06.2006 would be treated as unsanctioned leave period. Being aggrieved by the aforesaid order, the petitioner knocked the door of this Court by filing W.P. (S) No. 1491 of 2007 which was disposed of with a direction to the petitioner to file representation before the respondent No. 2, who in turn, was directed to dispose of the representation of the petitioner by passing a reasoned order within a period of eight weeks. Pursuant thereto, the petitioner submitted a representation on 08.10.2007, which was disposed of vide order dated 4.3.2008 treating the alleged period from 09.05.2005 to 14.07.2006 to be extra-ordinary leave. Being aggrieved by the order dated 4.03.2008 at Annexure-4 to the writ petition, the petitioner has filed the instant writ petition for mitigating his grievance under Article 226 of the Constitution of India. 3. Mr. A.K. Sahani, learned counsel for the petitioner has challenged the impugned order on the ground that the impugned order has been passed by the respondents without taking into account the relevant provisions of the Jharkhand Service Code as also the Jharkhand Leave Rules. 4. A counter-affidavit has been filed by the respondents, justifying the impugned order passed at Annexure-4 to the writ petition. In the counter affidavit, it has been submitted that the Secretary, Health Department of Family Welfare, has passed a reasoned order dated 4.3.2008 in compliance of order passed in W.P. (S) No. 1491 of 2007 dated 21.08.2007 vide Annexure-2 to the writ petition. It has further been submitted that in the light of the leave application submitted by the petitioner earned/extraordinary leave from 09.05.2005 to 14.07.2006 was granted vide the impugned order dated 04.03.2008. 5. Mr. Rohit, learned J.C. to S.C. IV appearing for the Respondent-State has assiduously reiterated the submissions made in the counter-affidavit. 6. Before adverting to the contention raised by the learned counsel for the respective parties, it would be apposite to refer to Rule 178, 180, 181 and 185 of the Jharkhand Service Code, which reads as under : - "178. The maximum period of leave on average pay which may be granted in each separate period of leave is- (a) to a Government servant under the Special Leave Rules, eight months; (b) to a Government servant under the Ordinary Leave Rules, four months: Provided that, when such a Government servant either takes leave on medical certificate other than leave preparatory to retirement or spends his leave elsewhere than in India, Pakistan, Ceylon, Nepal, Burma or Aden, the maximum period admissible to him under this rule shall be eight months. 180. (a) In special circumstances and when no other leave is under these rules admissible, extraordinary leave may be granted. Such leave is not debited against the leave account. No leave-salary is admissible during such leave. 180. (a) In special circumstances and when no other leave is under these rules admissible, extraordinary leave may be granted. Such leave is not debited against the leave account. No leave-salary is admissible during such leave. (b) The authority empowered to sanction leave may grant extra-ordinary leave in combination with, or in continuation of, any leave that is admissible, and may commute retrospectively period of absence without leave into extraordinary leave. 181. The maximum period of continuous absence from duty on leave or on vacation and leave combined granted otherwise than on medical certificate is twenty-eight months. This period shall in no circumstances, be exceeded by a Government servant who is on leave preparatory to retirement. Section V Leave-Salary 185. Subject to the conditions in Rules 164, 177, 178, 180, 184, 186, 187, 188 and 189, a Government servant on leave shall, during leave, draw leave salary as follows:- (a) If the leave is due, leave-salary equal to average pay, or to half average pay, or to average pay during the earlier portion of the leave and half-average pay during the remainder as he may elect; and (b) If the leave is not due, leave-salary equal to half-average pay : Provided that, for the purpose of this rule the average pay of Government servant who on his entry into Government service becomes subject to these rules shall, if such Government servant has been transferred as a Penalty to a lower grade or post during the twelve months immediately preceding the commencement of his leave, be taken to be the pay of the grade or post the which he has been so transferred: Provided further that when a Non-gazetted Government servant who was in service on the 24th day of August, 1927 takes leave, and - (i) his pay is less than Rs. 300; or (ii) the leave taken does not exceed one month, his average pay for the purpose of this rule may be taken to be the pay which he would draw in the permanent post held substantively by him at the time of taking leave if this pay be more than the average pay." 7. From the aforesaid provisions, it appears that the Government servant is entitled to eight months' leave under Special Leave Rules and four months' leave under Ordinary Leave Rules and when no other leave is available, extraordinary leave may be granted. From the aforesaid provisions, it appears that the Government servant is entitled to eight months' leave under Special Leave Rules and four months' leave under Ordinary Leave Rules and when no other leave is available, extraordinary leave may be granted. In the instant case, the period of leave from 09.05.2005 to 14.07.2006, which is about 13 months and 18 days or in total 413 days. From bare perusal of the aforesaid provision, it is apparent that a Government servant is entitled to leave admissible as per the aforesaid. 8. In that view of the matter, this Court deems it proper to quash the impugned order at Annexure-4. Accordingly, the impugned order dated 04.03.2008 at Annexure-4, passed by respondent no. 2 is hereby quashed with direction to the respondent No. 2 to consider the case of the petitioner afresh in accordance with the relevant provisions of the Jharkhand Service Code, as indicated here-in-above within a period of two months' from the date of receipt/production of a copy of this order. After consideration of the period, if the petitioner is entitled to leave salary, as per the provisions of the Service Code, the same be paid to the petitioner within a period of eight weeks thereafter. 9. With the aforesaid observations and directions, this writ petition stands allowed.