CHANDRASHEKHAR, J. - (1.) THE petitioner has approached this Court seeking quashing of order dated 07.12.2011.
(2.) HEARD learned counsel appearing for the parties and perused the documents on record. The petitioner was appointed as Civil Assistant Surgeon on 29.09.1977 and he superannuated from service on 31.01.2009. The petitioner earlier approached this Court in W.P.(S) No. 6023 of 2010 which was disposed of on 31.01.2011 with a direction to the respondent no. 2 to decide the claim of the petitioner within a period of 16 weeks. By order dated 07.12.2011, passed in pursuance of the aforesaid direction, the alleged unauthorised absence between the period 22.06.1992 to 06.09.1992 which was regularised by order dated 25.05.2011 was cancelled and the period between 23.05.1995 to 21.12.1996 was not regularised on the plea that the petitioner remained absent in Headquarters and he did not show any interest in getting himself posted.
(3.) A counter affidavit has been filed stating that the impugned order is selfexplanatory and it has further been stated thus; 7. "That it is most humbly stated and submitted that the petitioner was absent from his duty between 22.06.1992 to 06.09.1992. The earn leave of the said period was sanctioned vide departmental order no. 409 (2) dated 25.05.2011. It came to know from the information of Accountant General, Jharkhand, Ranchi that the petitioner had been paid 300 days earn leave after his retirement. Therefore the previous order no. 409 (2) dated 25.05.2011 was cancelled keeping in view that the period was related with undivided Bihar period and said period was not regularized by the Government of Bihar. The petitioner Dr. Tiwari did not mention cause for his long absence from 22.06.1992 to 06.09.1992 and no effort was made by the petitioner for getting the said period regularized as earned leave. It is clear case of willful and unauthorised absence from duty. Therefore earned leave sanction order no. 409 (2) dated 25.05.2011 has been cancelled. It is also pertinent to mention here that no earn leave can be sanctioned after encashment of three hundred days earn leave after retirement. The period from 24.05.1995 to 21.12.1996 was unregularized. The period is related with undivided Bihar. In this period petitioner was absent from headquarter, therefore this period cannot be regularized as period on duty." ;