Shalini Kumari v. The State Of Bihar

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 StationMotihari 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 2/2 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/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 20-07-2022 Transmission Date