YASHODA PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(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.) 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.