C.K. PRASAD, J.- Prayer of the petitioner in this writ application filed under Article 226 of the Constitution of India is to quash the order dated 28.1.1999 (Annexure-1) passed by the Commissioner-cum-Secretary. Health, Medical Education & Family Welfare Department, Govt. of Bihar whereby the prayer made by the petitioner for grant of leave for the period from 3.6.1982 to 9.7.1986, has beer turned down. Further prayer made by the Petitioner is to issue a writ in the nature of mandamus commanding the respondents to grant leave for the said period

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1. Shorn of unnecessary details, facts giving rise to the present application are that the petitioner joined the Bihar State Health Services in the year 1964. Later on he was posted in the department of Medicine in the S.K. Medical College, Muzaffarpur. In the year, 1980, while he was working as such, applied for grant of two years leave to enable him to join Health Services at Iran. By order dated 7.5.1980, two years leave was sanctioned to the petitioner and in view of aforesaid the petitioner was relieved in the afternoon of 3.6.1980 to join at Iran. Before the expiry of the period of two years, he applied for extension of leave on 8.3.1982. No leave was sanctioned. Nonetheless petitioner was appointed and joined as a Medical Officer in the Kingdom of Saudi Arabia after the expiry of the period of leave. From there also, he applied twice for extension of leave. No leave was sanctioned and the petitioner continued to serve in the Kindgom of Saudi Arabia. Ultimately, after serving the Kingdom of Saudi Arabia, the petitioner returned to his country and submitted his joining to the State Government on 9.7.1986 but was not given any place of posting initially but lateron, by notification dated 31.12.1988, he was posted at Ranchi Mental Hospital, Kanke where he joined on 9.1.1989. Petitioner ultimately retired from service on 31.8.1993 on attaining the age of superannuation.

2. After retirement, petitioner requested the State Government for payment of post retiral dues after regularising the period from 3.6.1982 to 9.7.1986 by granting him leave. The State Government did not take any decision on the prayer of the petitioner. Left with no option, petitioner filed C.W.J.C. No. 2193 of 1994 (Dr. Anzar Hassan Ibrahimi Vs. The State of Bihar & ors) and this Court, by order dated 31.10.1995 (Annexure-18) disposed of the writ application with a direction to the respondents to consider the applications of the petitioner in accordance with law and dispose of the same by a speaking order. In view of the direction aforesaid the State Government by order dated 18.6.1996 resolved to treat the period from 3.6.1982 to 8.7.1986 as break in service, which shall not be counted as pensionable service. Aggrieved by the same petitioner preferred C.W.J.C. No. 9676 of 1996 before this Court. This Court, by order dated 27th of March 1998 (Annexure-21), set aside the decision of the State Government whereby the petitioner's absence from 3.8.1982 to 8.6.1986 was held to be break in service and not pensionable and remitted the matter back to the State Government for reconsideration. In the light of the aforesaid order, the Secretary considered the case of the petitioner and by the impugned order, the prayer for grant of leave for the period from 8.6.1982 to 8.7.1986 had been turned down and while doing so, it observed that the case of Dr. Hari Kishore Prasad Verma and Dr. M.M. Dubey, which according to the petitioner is similar to his case, are distinguishable.

3. Mr. Shyama Prasad Mukherjee, Senior Advocate, appearing on behalf of the petitioner submits that 'In similar circumstances, the State Government had granted extra ordinary leave to Dr. M.M. Dubey. Dr. Hari Kishore Prasad Verma and Dr. Saroj Anis and as such, the action of the respondents in denying the petitioner the extra ordinary leave is discriminatory in nature Junior counsel to Additional Advocate General No. II, however, submits that the cas