Dismissed

Archana Kumari v. The State of Bihar

Patna HC12 Oct 2022CWJC/3606/2020

Case brief

AI extract

What is this about?

Petitioner challenged the termination of her contractual services as District Manager, claiming she had obtained leave. The Court held that applications made during her absence demonstrated an inability to work at the assigned location, making the termination under the agreement sustainable. Writ dismissed.

What did the court decide?

Petitioner at liberty to approach the authority for payment of pending dues.

Archana Kumari Vs The State of Bihar — Service and Employment | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3606 of 2020

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Archana Kumari, (Female), aged about 40 years, Wife of Padam Raj, Permanent Address - New Rahimpur, Parsa patna, Post- Parsa, P.S.- Parsa, District- Patna, Pin Code - 804453

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Social Welfare Department, Bihar, Patna

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The Additional Chief Secretary, Social Welfare, Patna

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The Assistant Director, District Social Security, Koshaang, (Jila Saamaajik Suraksha Koshaang)

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The State Society for Ultra Poor and Social Welfare, Department of Social Welfare, Govt. of Bihar, Patna

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The Chief Executive Officer,' Saksham', Bihar, Patna

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The Senior Administrative Officer, Saksham, S.S.U.P.S.W.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner : Mr. Deepak Kumar Singh, Advocate For the State : Mr. Rajesh Kumar, AC to GP-3 ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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4 12-10-2022 Heard learned counsel for the petitioner as well as learned counsel for the State.

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On account of long period of absence, the petitioner's contractual services as District Manager has been brought to an end by the impugned order.

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The petitioner's counsel submits that the petitioner has given due intimation to the authority and after seeking leave, she had absented herself and therefore, the order is unsustainable.

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Patna High Court CWJC No.3606 of 2020(4) dt.12-10-2022 2/3

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Drawing attention of this Court towards the impugned order dated 06.08.2019 (Annexure-8), it is submitted by learned State Counsel that the action has been taken under Clause-8 of the agreement entered into between the petitioner and the State Society for Ultra Poor and Social Welfare (S.S.U.P.S.W.).

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The petitioner has not placed on record the agreement and therefore, for lack of pleadings, it is not possible to go into the issue whether the action was in any manner contrary to the terms of the agreement.

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Having observed so, this Court would observe that from the applications made by the petitioner while absenting herself from duty, which are dated 27.02.2019, 29.05.2019 and an e-mail dated July 8, 2019, it is apparent that the petitioner has continuously been expressing inability to work at West Champaran as District Manager and has been impressing upon the authority to post her at a place in or around Patna. The petitioner, therefore, apparently has absented herself.

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Under such circumstances, the action having been taken under the terms of agreement, this Court does not find any reason to interfere with the impugned order.

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Writ application is dismissed.

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It is submitted that some dues are pending. The

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Patna High Court CWJC No.3606 of 2020(4) dt.12-10-2022 3/3

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petitioner is at liberty to approach the authority for payment of the same.

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(Madhuresh Prasad, J)

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PNM Raj Kishore/-

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Archana Kumari v. The State of Bihar

Case brief

What is this about?

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Archana Kumari v. The State of Bihar

Case brief

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