Geeta Kumari @ Geeta Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7447 of 2017 ====================================================== Geeta Kumari @ Geeta Devi, wife of Tunna Prasad, resident of Pakridayal, P.O.+P.S.- Pakridayal, District- East Chamaparan at Motihari (Bihar). ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2. The Director, Primary Education, Government of Bihar, Patna.

3. The District Education Officer, East Champaran.

4. The Head Master, Nav Srijit Madhya Vidhyalaya, Phoolwar, Pakridayal, East Champaran.

5. The Executive Officer, Nagar Panchayat, Pakridayal, East Champaran at Motihari.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh Md. Azimuddin Mr.Ranvijay Singh For the Respondent/s :

Mr. Amit Bhushan- Gp17 For the respondent no.5 :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner has filed the present writ application for a direction to the respondents to accept the joining of the petitioner.

Learned counsel for the petitioner submits that at the relevant time the petitioner was suffering from Hepatitis 'B' and as such she proceeded on leave on 01.12.2012. After treatment she submitted joining on 04.09.2013 and thereafter, petitioner joining was not accepted. The claim of the petitioner is that she

Patna High Court CWJC No.7447 of 2017(4) dt.11-04-2018 2/2 was suffering from Hepatitis 'B' which is deadly ailment. In view of the aforesaid, the writ petition is disposed of with direction to the respondent no.5 the Executive Officer, Nagar Panchayat, Pakridayal, East Champaran at Motihari who may arrange the meeting of the Medical Board to examine the relevant documents to ascertain whether the petitioner was suffering from Hepatitis 'B' at the relevant time or not. In case. it is found that petitioner was suffering from Hepatitis 'B', the case of the petitioner may be considered on humanitarian ground and appropriate decision may be taken on the point of acceptance of joining of the petitioner.

The entire exercise including constituting the Medical Board may be arranged by the respondent no.5 within a maximum period of one month from the date of receipt/production of a copy of this order and thereafter, final decision may be taken by the respondents within a further period of one month.

With the aforesaid, the writ petition stands disposed of .

(Anil Kumar Upadhyay, J) Ravi/- U