Petition filed for setting aside an order granting extra ordinary leave. Respondent stated grievance redressed by sanctioning period as compulsory waiting. Single judge dismissed the writ application.
The writ application seeking directions to set aside the order granting extra ordinary leave was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4559 of 2010 ====================================================== 1. Dr.Anil Kumar Tiwary S/O Paran Nath Tiwary R/O 241 B, Patliputra Colony, P.S.- Patliputra, Distt.- Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary Health Deptt. Govt. Of Bihar, Patna 3. The Commissioner-Cum-Secretary Health Deptt. Govt. Of Bihar, Patna 4. The Secretary Health Deptt. Govt. Of Bihar, Patna 5. The Additional Secretary Health Deptt. Govt. Of Bihar, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Kinkar Kumar, Advocate For the Respondent/s : Mr. (S.C. 11) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 8 23-10-2013 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has filed the present writ application for issuance of appropriate direction for setting aside the order dated 10.11.2006 (Annexure-1) to the extent it relates to grant of extra ordinary leave to the petitioner for the period from 20.9.1991 to 4.5.1995. This is the period during which the petitioner claiming to be undergoing higher studies.
A counter affidavit as well as a supplementary counter affidavit has been filed. The supplementary counter affidavit has been affirmed by the Deputy Secretary, Finance, Government of Bihar, Patna. It has been stated that after due consideration the Finance Department has accorded sanction to regularize the period from 5.5.1995 to 21.12.1995 as compulsory waiting instead of leave due. It has thus been stated that grievance of the petitioner
Patna High Court CWJC No.4559 of 2010 (8) dt.23-10-2013
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has been redressed.
Having considered the facts stated in the counter affidavit, this Court is of the opinion that the grievance of the petitioner stands redressed.
Writ application is dismissed.
(Kishore Kumar Mandal, J)
sudip/-
2 issues framed by the court
Whether the grievance of the petitioner regarding the regularisation of leave period is redressed by the state
Whether the writ application seeking setting aside of the extra ordinary leave order should be allowed
Dr. Anil Kumar Tiwary
The State Of Bihar
The Principal Secretary Health Deptt. Govt. Of Bihar, Patna
The Commissioner-Cum-Secretary Health Deptt. Govt. Of Bihar, Patna
The Secretary Health Deptt. Govt. Of Bihar, Patna
The Additional Secretary Health Deptt. Govt. Of Bihar, Patna
Kishore Kumar Mandal
As recorded by the court registry
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