DR. MADAN KUMAR PANDEY, S/O SRI RAMA SHANKAR PANDEY, PRESENTLY POSTED AS SENIOR RESIDENT, PATNA MEDICAL COLLEGE AND HOSPITAL, PATNA, RESIDENT OF JAMUNA RAY NIWAS, K.M. SINGH LANE, EAST BORING CANAL ROAD, P.S. BUDHA COLONY, PATNA Vs. THE STATE OF BIHAR, THROUGH ITS CHIEF SECRETARY

JUDGEMENT

(1.) I have heard learned counsel for the petitioner and the State.

(2.) Through this writ application the petitioner seeks direction to the respondents to treat the extraordinary leave granted to him for higher study under Rule-85(5) of the Bihar Service Code read with notification dated 20.11.2003 and thereupon count the said period for the purpose of grant of payment of consequential benefits to the petitioner which has been granted to other similarly situated persons. The petitioner has been appointed on the post of Civil Assistant Surgeon on 4.8.1983. Petitioner had applied for study leave vide Annexure-2 and proceeded for M.S. course in General Surgery under anticipation that the study leave would be granted. Subsequently, he had obtained a degree of Master of Surgery (General Surgery) from Darbhanga Medical College in the Sessions 1982-84. A certificate to that effect has been issued by the Principal, D.M.C.H. which has been appended as Annexure-5. Thereafter, the petitioner again joined his service on 6.6.1985 in anticipation of posting and subsequently was posted at the Primary Health Centre, Rohtas and had joined there on 1.7.1985. Petitioner is presently posted as Sr. Resident at P.M.C.H. and is regularly working and his services have been confirmed. It appears that vide Annexure-6, the State Government has adjusted the period of 4.10.1983 to 5.6.1985 as extraordinary leave under Rule 204 of the Bihar Service Code vide order dated 17.9.2009. However, it has been clarified in the order that the aforesaid period would not be counted for the purpose of pension. However, the petitioner is aggrieved that he would not be given any increment for the aforesaid period which is admissible for higher studies under Note (5) of Rule 85 of the Bihar Service Code. He has filed representation in this regard also before the Principal Secretary, Department of Health, State of Bihar, a copy of which is appended as Annexure-7.

(3.) A counter affidavit has been filed on behalf of the State taking stand that petitioner cannot get benefits of Rule-85 as the aforesaid period of petitioner's absence has been regularized as extraordinary leave under Rule-204 of the Bihar Service Code and the study leave of the petitioner would not be counted as pensionable, which is apparent form Annexure-6 itself.