Shalini Kumari vs The State Of Bihar
2022 Latest Caselaw 3733 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.587 of 2020
     ======================================================

Shalini Kumari, aged about 39 years, female Daughter of Krishna Bahadur Prasad Resident of Mohalla- Azad Nagar Balua Tal, Motihari, Police Station- Motihari Town, District- East Champaran.

... ... Petitioner Versus

1. The State of Bihar through the Principal Secretary Social Welfare Department, Govt. of Bihar, Patna.

2. The District Magistrate District- East Champaran.

3. The District Programme Officer (I.C.D.M. Cell) District- East Champaran.

4. The Child Development Project Officer Mehsi, East Champaran.

... ... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar & Mr. Satyendra Pd.Sinha, Advts For the State : Mr. S. K.Mandal, SC-3 with Mr. Bipin Kumar, AC to SC-3 & Smt. Neela Kumari AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 13-07-2022

Heard learned counsel for the petitioner and learned

counsel for the State.

2. The petitioner was working as Mahila Praveshika on

contract basis. It is her case that from 26-03-2018 to 27-03-2018

she had taken leave. However, when the Block was visited on

16-05-2018 by the District Magistrate, the petitioner was found

absent.

3. More than 3 months thereafter, the petitioner on

23-08-2018 has filed an application for leave; and to accept her

joining, justifying her earlier absence due to illness. Later also Patna High Court CWJC No.587 of 2020 dt.13-07-2022

in September, 2018, she has submitted applications to allow her

to join. There is nothing on record to show that in between

March to August 2018 petitioner had informed about her illness,

or any other valid reason. From the averments, it is clear that the

petitioner has been absent without any intimation whatsoever,

for months together.

4. Having regard to the nature of contractual engagement

and the social welfare duties and responsibilities assigned to the

Mahila Praveshika, which would undoubtedly have suffered on

account of the petitioner's unauthorized absence, this Court

would observe that no case is made out for issuing directions

that petitioner's joining be accepted.

5. The writ petition is dismissed.

(Madhuresh Prasad, J)

shyambihari/-

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Uploading Date          20-07-2022
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