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Showing contexts for: Absentee statement in Ram Eakbal Singh vs State Of Jharkhand & Ors. on 28 January, 2016Matching Fragments
3. Petitioner contends that respondents have admitted payment of salary of Rs. 5928/- as per statements made at para-5 of supplementary counter affidavit for the period 1.12.1998 to 18.12.1998. As per the statements made in the supplementary counter affidavit and as contained in letter dated 19.09.2007 bearing letter no. 336 (Annexure-B), respondent allege his absence for the period January to April 2004 and July 2004. For the rest of the periods, they have stated that Executive Engineer, Planning and Monitoring Division, Ranchi informed the Under Secretary, Water Resources Department, Jharkhand that the petitioner, a Junior Engineer at the relevant point of time at Jehanabad, had not made any application for leave. Petitioner submits that he has applied for leave due to serious illness of his wife vide Annexure-1 series before the Executive Engineer, Water ways Division, Jehanabad. After availing leave, he joined at Jehanabad on 06.10.2003. He has discharged his duties till 06.11.2003 there and thereafter was posted in Waterways Sub Division, Ekangarsarai on 06.11.2003. Petitioner's wife became seriously ill and he made another application for urgent leave to Sub Divisional Officer, Waterways Sub Division, Ekangarsarai vide Annexure-2 series by Registered Post. Petitioner has enclosed absentee statement for certain period of posting at Ekangarsarai. According to him, he was also engaged in Election duty in Bihar and was appointed as Counting Supervisor for the period 07.04.2004, 10.04.2004 and 13.05.2004 vide Annexure-10 to reply to the supplementary counter affidavit of the respondents. Counsel for the petitioner submits that his applications for leave have not been rejected either. Petitioner was allocated to the successor State of Jharkhand in 2004 and has superannuated thereafter in 2011 under the Water Resources Department. It is submitted that applications of leave made by the petitioner should be considered in accordance with law by the competent authority for taking a decision as it has substantial relationship to the post retirement benefits to which he is entitled for long years of service.