Pramath Patnaik, J. - (1.) In the accompanied writ application, the petitioner has, inter alia, prayed for quashing the impugned order dated 4-3-2008 vide Annexure-4 to the writ petition, whereby the respondent No. 2 purported to have disposed of the representation of the petitioner treating the period of 9-5-2005 to 14-7-2006 to be adjusted against leave and due to non-availability of Earned Leave the said period has been directed to be treated as extraordinary leave and further prayer has been made for direction upon the respondents for payment of arrears of salary for the period from May, 2005 to June, 2006 with interest.
(2.) The facts, as enumerated in the writ petition, in a nutshell is that initially the petitioner was appointed as Assistant Surgeon-cum-Medical Officer and he was posted at Primary Health Center, Nagaruntari, Garhwa. By passage of time, the petitioner was declared senior and he was made In-charge Medical Officer, Primary Health Center, Senha in the district of Lohardaga and accordingly he took charge of the said period on 9-8-2001. While continuing as such, the respondent No. 3 issued an office order asking the petitioner to hand over the charge to one Dr. Sunil Minz. Aggrieved thereof, the petitioner preferred writ petition, before this Court vide W.P. (S) No. 2917 of 2005, which was disposed of vide order dated 21-6-2006, holding inter alia, that Civil Surgeon has no jurisdiction to issue such office order and Civil Surgeon, Lohardaga was directed to allow the petitioner to rejoin on the same post. Pursuant thereto, the petitioner made a request to respondent No. 3 to join his original post and further to pay the arrear and current salary. Thereafter, respondent issued order dated 14-7-2006 whereby he directed the petitioner to continue on his earlier post but at the same time held that the period 9-5-2005 to 27-6-2006 would be treated as unsanctioned leave period. Being aggrieved by the aforesaid order, the petitioner knocked the door of this Court by filing W.P. (S) No. 1491 of 2007 which was disposed of with a direction to the petitioner to file representation before the respondent No. 2, who in turn, was directed to dispose of the representation of the petitioner by passing a reasoned order within a period of eight weeks. Pursuant thereto, the petitioner submitted a representation on 8-10-2007, which was disposed of vide order dated 4-3-2008 treating the alleged period from 9-5-2005 to 14-7-2006 to be extraordinary leave. Being aggrieved by the order dated 4-3-2008 at Annexure-4 to the writ petition, the petitioner has filed the instant writ petition for mitigating his grievance under Art. 226 of the Constitution of India.
(3.) Mr. A. K. Sahani, learned counsel for the petitioner has challenged the impugned order on the ground that the impugned order has been passed by the respondents without taking into account the relevant provisions of the Jharkhand Service Code as also the Jharkhand Leave Rules.;