Bibha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10226 of 2020 ====================================================== Bibha Kumari Wife of Sri Arun Kumar Akela resident of Shivpuri, BBM School, P.s.- Purnea, District- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Secretary Department of Social Welfare, Government of Bihar, Old Secretariat, Patna 3.

The Director, Integrated Child Development Scheme, Indira Bhawan, East Boring Canal Road, Patna 4.

The Divisional Commissioner, Purnea Division, Purnea 5.

The District Magistrate, Purnia 6.

The Child Development Project Officer, K.Nagar, Purnia 7.

The District Programme Officer, Purnia ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar Singh For the Respondent/s :

Md. Raisul Haque, SC 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 10-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"i.

For issuance of a writ in the nature of MANDAMUS or an appropriate writ commanding and directing the respondents to consider the payment of arrears of salary of the petitioner as well as consequential benefits for the suspension period with effect from 1.9.2011 to December 2019 for the post of lady Supervisor, which she is holding.

ii. For issuance of a writ in the nature of MANDAMUS or an appropriate writ commanding and directing the

Patna High Court CWJC No.10226 of 2020 dt.10-01-2022 2/3 respondents to consider the case of the petitioner for continuation of her, service on the post of lady Supervisor.

iii. Any other order or orders as your lordship may deem fit and proper in the facts and circumstances of the case."

3. Short question for consideration in the present petition is to regulate the suspension period from 01.09.2011 to 08.01.2020 as she was placed under suspension while holding the post of Lady Supervisor.

4. It is learnt that disciplinary proceedings was concluded in exonerating the petitioner. In the result, petitioner is entitled to regulate the suspension period as a duty in accordance with law. In this regard petitioner is stated to have submitted representation to Respondent No. 5. The 5th respondent is hereby directed to examine the records and pass a suitable order in regulating the suspension period in accordance with law in the light of date of suspension read with date of revocation, if any, or date of conclusion of disciplinary proceedings in exoneration. If the petitioner has not been paid salary/subsistence allowance plus dues amount, the same shall be calculated and disbursed in favour of the petitioner, if she is otherwise eligible, within a period of eight weeks from the date of receipt of this order. If the petitioner is not eligible, in that event detailed speaking order shall be passed and communicated to the petitioner within the aforesaid period.

Patna High Court CWJC No.10226 of 2020 dt.10-01-2022 3/3

5. Accordingly, writ petition stands disposed off. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 14.01.2022 Transmission Date