IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11701 of 2003 ANJANA SINHA wife of Sunil Kumar, Resident of Mohalla Rahika Tola, Ward No.12, Station Road, Araria. Versus 1. THE STATE OF BIHAR through the Health Commissioner Cum Secretary to Govt. of Bihar, Patna. 2. The Director in Chief, Health Services, Bihar, Patna. 3. The Civil Surgeon Cum Chief Medical Officer, Purnea. 4. The Incharge Medical Officer, Damdaha, Dist. Purnea. ----------- 3 24.09.2010 No one appears for the petitioner. Counsel for the State is present. Admittedly, the petitioner after being appointed on the post of A.N.M. on 2.8.1988 had become absent from the duty from 9.9.1989 and after her such absence for the period of 12 years she had allegedly submitted her joining which was not accepted. The petitioner thereafter had moved this Court in C.W.J.C. No.6598 of 2003 and this Court on 25.7.2003 had refused to issue a direction for accepting her joining by passing the following order:- “Heard counsel for the parties. The petitioner prays for direction upon the respondents to allow her to join post. It is a case where the petitioner is said to have absented from duty for about twelve years. Learned counsel for the petitioner submits that the authorities have not terminated the services of the petitioner and her joining may be accepted. In the given facts and circumstances of the case and in absence of plausible explanation for absence of the petitioner for twelve years, it would not be appropriate for this Court to issue any positive direction upon the respondents in this regard. The petitioner, if so advised, may represent her case before respondent no.2 the Director-in-Chief, Health Services, Bihar, Patna which may be disposed of in accordance with law within a period of three months from the date of filing of the representation. This application is accordingly disposed 2 of.” Thereafter, the authority has passed an order on 14.8.2003 rejecting joining of the petitioner by holding that her services for the period of one year between 2.8.1988 to 8.9.1989 did not confer her status of permanent Government Servant so as to claim benefit of continuance in service. This Court does not find any error in such order, inasmuch as, when the government servant would remain absent from duty for such a long period he or she will be deemed to have been voluntarily abandoned the service. That being so, this application is wholly misconceived and is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)