Patna High Court
Madhuri KumariversusThe State of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the petitioner must first submit a representation with all medical documents, after which her joining should be accepted and salary dues considered.
Summary
The petitioner, a teacher, was on medical leave from April 2016 to May 2018 for jaundice and asthma and submitted a joining application after being declared fit. The education authorities did not accept her joining, prompting a writ petition seeking a mandamus directing acceptance of her joining, continuation in service, and payment of salary for the leave period. The State argued that the petitioner should first file a representation with all medical certificates before acceptance could be considered. The Court directed the petitioner to file such a representation within two weeks, attaching all prior submissions and a fitness certificate, to the Block Development Officer. It further ordered that, upon receipt of the representation, the authorities should accept her joining forthwith and decide on any salary entitlement within four weeks. The petition was consequently disposed of.
Issues considered
- Whether the education authorities are obligated to accept the petitioner's joining after medical leave without further representation.
- Whether the petitioner is entitled to salary for the period of absence due to illness.
- Whether a writ of mandamus is appropriate to compel the acceptance of joining and payment of dues.
Subjects
- government service
- joining of service
- medical leave
- writ of mandamus
- salary dues
- public employment
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6226 of 2019
======================================================
Madhuri Kumari W/o Subodh Kumar Res. of Vill.- Namunapur, P.S.-
Gaurichak, Distt.- Patna. At Present Res. of Type 3 Block R.N.-50 Ashok
Vihar Colony, Nidhi Nikunj Colony Pahadiya Varanashi (Utta Pradesh)
... ... Petitioner/s
Versus
1. The State of Bihar and Ors Through Principal Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Director Primary Education Bihar, Patna.
3. The District Magistrate Bhojpur, Arah
4. The District Education Officer Arah (Bhojpur)
5. The District Programme Officer Establishment Arah (Bhojpur)
6. The Block Education Officer Arah Sadar, Arah
7. The Block Development Officer Arah (Bhojpur)
8. The Headmaster Utkramit Middle School Mathwaliya, Arah (Bhojpur)
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Mohan Kateryar
For the Respondent/s : Mr.Madhaw Prasad Yadaw ( Gp23 )
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 06-01-2026 In the instant petition, petitioner has prayed for the
following relief(s):-
“(A) A writ in the nature of
mandamus or any other appropriate writ
order/orders direction commanding the
respondent for following
(i) To accept the joining of the
petitioner forthwith and allow her to
discharge her duty in the school.
(ii) To treat that petitioner is in
duty continue.
(iii) To grant leave for the
period 1-4-16 to 8-5-18 on the said
period the petitioner did not attend his
duty to the illness.
(iv) To pay the dues salary to
Patna High Court CWJC No.6226 of 2019(4) dt.06-01-2026
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the petitioner forthwith.
(B) To any other relief/reliefs
petitioner is found entitle to.”
2. Counsel for the petitioner submits that due to
medical exigencies, the petitioner got absent from his service
and had to undergo treatment at Varanasi, and while undergoing
medical treatment, the petitioner was diagnosed with Jaundice
and Asthma for which he was advised to take rest, and
accordingly, after having been declared fit to join services, the
petitioner is said to have submitted his joining, but their joining
was not accepted.
3. It has next been submitted that vide Annexure-9
had submitted joining, but the same was not accepted, and
pursuant to non-acceptance, the petitioner was forced to file a
writ petition. On the other hand, counsel for the State submits
that he has received instruction that the petitioner may be
directed to file appropriate representation annexing all medical
certificates, for the purpose of acceptance of joining, which
would be accepted.
4. Considering the stand of the authorities, this Court
finds it appropriate to direct the petitioner to submit joining by
filing representation annexing all such letters/representation
perviously submitted before the authorities including the
Patna High Court CWJC No.6226 of 2019(4) dt.06-01-2026
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medical documents, and as also fitness certificate, which is
issued by the concerned treating doctor, before Respondent No.
7 – Block Development Officer Arah (Bhojpur), within a period
of two weeks from today.
5. On submission of representation, it is expected that
the petitioner’s joining shall be accepted forthwith, and the
issues of salary shall also be considered by the appropriate
authority, and an appropriate order with regard to salary shall
also be passed by the authority competent in law within a period
of four weeks in accordance with law, if the petitioner is
otherwise entitled in law, for which the petitioner would be
filing a separate representation.
6. Accordingly, the instant writ petition stands
disposed of.
(Ajit Kumar, J)
abhishekkr/-
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