M.Y.EQBAL, J. - (1.) THE petitioner has prayed for quashing the letter dated 29.12.99 issued under the signature of Additional Secretary, Science and Technology Department, Government of Bihar. Patna communicating the decision of the Government declaring the period from 13.11.1981 to 27.10.1986 as unauthorised absence and rejecting the application filed by the petitioner for grant of extraordinary leave for the aforesaid period.
(2.) THE petitioner was appointed as Assistant Professor in Electrical Engineering on regular basis on the recommendation of the Bihar Public Service Commission through a notification dated 19.8.74. The petitioner was confirmed in the said post with effect from 29.8.75. In 1981 the petitioner was appointed as Senior Electrical Engineer in Nigeria and accordingly, he applied for lien. The Government through its letter dated 6.11.81 granted permission and sanctioned leave and, accordingly, the petitioner joined his service in Nigeria and, remained there till 1986. Petitioners case is that during his stay at Nigeria, he sent applications to the respondents for extension of his leave from time to time. The petitioner returned back to India and submitted his joining in the Secretariat at Patna on 28.10.86. He regularly attended the department and ultimately by notification dated 17.1.87, he was transferred and posted at Government Polytechnic, Ranchi on the post of Assistant Professor. The petitioner Joined his transferred place at Government Polytechnic, Ranchi and remained posted till November. 1994 when his resignation was accepted on 14.11.94 with immediate effect. However, the applications, time to time sent by the petitioner for grant of extraordinary leave from 13.11.81 to 27.10.86 remained pending. Even after his joining in the Government Polytechnic. Ranchi in 1987, he was not paid his salary. The petitioner filed several representations for payment of his gratuity, arrears of salary, leave encashment etc. but nothing was done. The petitioner then moved this Court by filing CWJC No. 2807/98(R). The said writ application was disposed of on 5.11.99 with a direction to the respondents to take a decision on the pending applications of the petitioner for grant of extraordinary leave.
(3.) THE respondents, in compliance of the aforesaid direction, though belatedly, issued letter dated 29.12.99 informing the petitioner that leave application for the period from 13.11.81 to 27.10.86 has been rejected.;