Madhuri Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6226 of 2019 ====================================================== Madhuri Kumari W/o Subodh Kumar Res. of Vill.- Namunapur, P.S.- Gaurichak, Distt.- Patna. At Present Res. of Type 3 Block R.N.-50 Ashok Vihar Colony, Nidhi Nikunj Colony Pahadiya Varanashi (Utta Pradesh) ... ... Petitioner/s

Versus

1.

The State of Bihar and Ors Through Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Director Primary Education Bihar, Patna.

3.

The District Magistrate Bhojpur, Arah 4.

The District Education Officer Arah (Bhojpur) 5.

The District Programme Officer Establishment Arah (Bhojpur) 6.

The Block Education Officer Arah Sadar, Arah 7.

The Block Development Officer Arah (Bhojpur) 8.

The Headmaster Utkramit Middle School Mathwaliya, Arah (Bhojpur) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Mohan Kateryar For the Respondent/s :

Mr.Madhaw Prasad Yadaw ( Gp23 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 06-01-2026 In the instant petition, petitioner has prayed for the following relief(s):- "(A) A writ in the nature of mandamus or any other appropriate writ order/orders direction commanding the respondent for following (i) To accept the joining of the petitioner forthwith and allow her to discharge her duty in the school.

(ii) To treat that petitioner is in duty continue.

(iii) To grant leave for the period 1-4-16 to 8-5-18 on the said period the petitioner did not attend his duty to the illness.

(iv) To pay the dues salary to

Patna High Court CWJC No.6226 of 2019(4) dt.06-01-2026 2/3 the petitioner forthwith.

(B) To any other relief/reliefs petitioner is found entitle to."

2. Counsel for the petitioner submits that due to medical exigencies, the petitioner got absent from his service and had to undergo treatment at Varanasi, and while undergoing medical treatment, the petitioner was diagnosed with Jaundice and Asthma for which he was advised to take rest, and accordingly, after having been declared fit to join services, the petitioner is said to have submitted his joining, but their joining was not accepted.

3. It has next been submitted that vide Annexure-9 had submitted joining, but the same was not accepted, and pursuant to non-acceptance, the petitioner was forced to file a writ petition. On the other hand, counsel for the State submits that he has received instruction that the petitioner may be directed to file appropriate representation annexing all medical certificates, for the purpose of acceptance of joining, which would be accepted.

4. Considering the stand of the authorities, this Court finds it appropriate to direct the petitioner to submit joining by filing representation annexing all such letters/representation perviously submitted before the authorities including the

Patna High Court CWJC No.6226 of 2019(4) dt.06-01-2026 3/3 medical documents, and as also fitness certificate, which is issued by the concerned treating doctor, before Respondent No. 7 - Block Development Officer Arah (Bhojpur), within a period of two weeks from today.

5. On submission of representation, it is expected that the petitioner's joining shall be accepted forthwith, and the issues of salary shall also be considered by the appropriate authority, and an appropriate order with regard to salary shall also be passed by the authority competent in law within a period of four weeks in accordance with law, if the petitioner is otherwise entitled in law, for which the petitioner would be filing a separate representation.

6. Accordingly, the instant writ petition stands disposed of.

(Ajit Kumar, J) abhishekkr/- U