LAWS(PAT)-2009-2-153

ANURADHA KUMARI Vs. STATE OF BIHAR

Decided On February 09, 2009
Anuradha Kumari Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD Mr. Ray Saurabh Nath learned counsel appearing on behalf of the petitioner and counsel for the State.

(2.) THE grievance of the petitioner in this writ application is that though she was duly appointed in the prescribed manner on the post of PANCHAYAT SIKSHAK but when after continuing in service for more than one year, she on account of her illness had remained absent from duty from 8.6.2008 to 5.9.2008, her joining on return from leave on 6.9.2008 was not accepted by the Headmaster of the School and that is how she has been running from pillar to post to get her joining accepted as also for consequential payment of salary. The petitioner has stated that she had represented to all the concerned authorities but no decision has been taken either with regard to condoning her absence for the period of her absence or for resuming of her duty.

(3.) THIS Court on perusal of the relevant provision of BIHAR PANCHAYAT PRARAMBHIK SHISHAK (NIYOJAN AWAM SEVA SMART) NIYAMAWALI, 2006 would find that Ciause -15 of the Act specifically deals with the ground of leave which reads as follows: -