Krishn Mohan Pathak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 12145 of 2011 ====================================================== Krishn Mohan Pathak Son of Sri Janardan Pathak Resident of VillageAriyaw, Po-Ariyaw, PS-Krishna Braham, District-Buxar (Bihar) .... .... Petitioner

Versus

1. The State of Bihar

2. The Commissioner-cum-Secretary, Department of Social Welfare, Government of Bihar Patna (Bihar)

3. The Director, Integrated Child Development Scheme, Directorate, Government of Bihar Patna (Bihar)

4. The District Welfare Officer Bhojpur, Arrah District-Bhojpur (Bihar)

5. The District Welfare Officer, Nalanda District Bihar Sharif (Bihar)

6. The District Programme Officer, Bhojpur, Arrah District-Bhojpur(Bihar)

7. The Child Development Project Officer (Bal Vikash Pariyojana Padadhikari) Anchal Ben PS-Nalanda District-Nalanda (Bihar) .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar For the Respondent/s : AC to GP - 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.

01-03-2016 Heard Sri Ashok Kumar, learned counsel for the petitioner and learned A.C. to Govt. Pleader - 8. The petitioner, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has made a limited prayer to direct the respondents, particularly; respondent no. 6 to regularize his leave period for the period in between 06-04-2007 to 06-02-2008 against his medical leave/earned leave. The petitioner has disclosed in the writ petition that due to the reason beyond the control of the petitioner, he remained absent for some period with intimation to the authority. It has been

Patna High Court CWJC No.12145 of 2011 (5) dt.01-03-2016 2/2 disclosed that during the period, son of the petitioner died and his wife, due to shock, was sent to the mental hospital. Even though, the petitioner filed detailed representation regarding regularization of his leave period, vide Annexure - 13 to the writ petition, till date, no decision has been taken, whereas, in paragraph - 11 of the counter affidavit, a plea is being taken regarding legitimate salary from March 2007 to 05-04-2007, if representation is filed by the petitioner, same will be examined.

In view of limited prayer made by the petitioner, the Court proposes to dispose of the writ petition granting liberty to the petitioner to file a detailed representation before the District Programme Officer, Bhojpur at Ara. If such representation is filed by the petitioner within a period of six weeks, the respondent no. 6 is required to examine the same and pass appropriate order in accordance with law within a period of eight weeks thereafter and regularize the leave period in accordance with law. The writ petition, with above observation, stands disposed of.

(Rakesh Kumar, J.) Anay U