IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7167 of 2007 SHYAMLI Versus THE STATE OF BIHAR & ORS ----------- 2 14.07.2009 It is submitted by learned counsel for the petitioner that during her third extension as Shiksha Mitra the petitioner went on medical leave and when she came back, she was not allowed to join. She filed her representations before the authorities and authorities have found that the petitioner was on medical leave and therefore, she was entitled for acceptance of her rejoining. Learned counsel for the petitioner has referred to Annexures – 11 and 13 in support of said submission. He has shown that the District Superintendent of Education has, in fact, directed the Panchayat Secretary to act in accordance with the directions of the Block Education Extension Officer endorsed on the representation of the petitioner. He submits that since the orders of the District Superintendent of Education has not been obeyed, the petitioner may be given liberty to file the representation before the Collector-cum- District Magistrate Vaishali at Hajipur to look into the matter and pass appropriate orders. Accordingly, this writ application is disposed of with liberty to the petitioner to file a representation before the Collector- cum-District Magistrate, Vaishali at Hajipur enclosing all relevant documents within one month from today. In case such a representation is filed, the Collector-cum- District Magistrate shall call for the entire records from the concerned 2 authorities, examine the same and shall pass appropriate orders in accordance with law. However, if the Collector-cum-District Magistrate does not find any merit in the claim of the petitioner, he shall pass necessary order in that respect also assigning specific reasons for the same and communicate the same to the petitioner. Entire exercise shall be completed by him and orders, either way, shall be passed and communicated to the petitioner within three months positively from the date of filing of the representation. It goes without saying that in case the Collector finds the claim of the petitioner as genuine, he shall pass all consequential orders in accordance with law. It is made clear that this court has not expressed its opinion with regard to the claim of the petitioner which has to be decided by the respondent Collector independently and strictly in accordance with law. Kundan (J. N. Singh, J.)