CHANDRA DEV GIRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties and with their consent, this application is disposed of at the stage of admission.

(2.) The petitioner is aggrieved by the impugned order dated 27.06.2001 passed by the District Superintendent of Education-cum-Sub Divisional Education Officer, Chatra (Respondent No. 3), whereby the service period of the petitioner from 1.3.1980 to 3.1.1988 has been converted into extraordinary leave as per Rule 236 of the Service Rules.

(3.) The petitioner's contention is that the conversion of the aforesaid total period into extraordinary leave is illegal and arbitrary, in view of the fact that except for the period from 25.3.1981 to 12.6.1981 during which period the petitioner was on earned leave with prior permission, the petitioner had continuously served in the various schools where he was posted for the period including the period from January 1980 and as such, the aforesaid period cannot legally be converted into extraordinary leave of the petitioner. Rather, the petitioner is entitled for payment of full salary for the aforesaid period. Learned counsel adds further that the aforesaid order is also inconsistent with the earlier orders issued by the respondent authorities, in view of the fact that for the entire period from March 1980 to December 1988, the petitioner was paid his salary.