Pushpa Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2581 of 2014 ===========================================================

1. Pushpa Devi Wife Of Sri Parmanand Singh R/O Village - Birgaon, P.S. Mahishi, District - Saharsa .... .... Petitioner/s

Versus

1. The State Of Bihar through the District Magistrate at Saharsa

2. Director I.C.D.S. Bihar, Patna

3. District Programme Officer, Saharsa

4. Child Development Project Officer, Mahishi .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Singh For the Respondent/s : Mr. SC14-Raisul Haque =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 09-10-2015 Engagement of the petitioner as an Aaganbari Sevika is a contract for service. Once she tenders resignation, the contract comes to an end. The principles which are applicable for resignation of a regular government servant, are, therefore, not applicable to people like the petitioner.

Once the contract was rescinded by resignation, only a fresh contract can be executed. Thereafter there is no question of the petitioner taking back the resignation and reviving the contract because there is neither any obligation upon the respondents to either act or take any decision on such resignation, which was voluntary and unilateral in nature.

In view of the above, no direction is required for re-

Patna High Court CWJC No.2581 of 2014 dt.09-10-2015 2/2 engagement or continuance of the petitioner as a Sevika. Writ is dismissed.

(Ajay Kumar Tripathi, J) sk U