IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.595 of 2011. Against the judgment and order dt.3.8.2010 passed in C.W.J.C.No.5067/2002. Krishna Kumari Pandey wife of Ramesh Kumar Singh, Resident of Manik Sarkar Chowk P.S. Kotwali District Bhagalpur… ………. .. .Appellant. Versus 1.The State Of Bihar. 2.The Commissioner cum-Secretary, Primary Education,Government of Bihar, Patna. 3.The Director, Primary Education of Human Resources,Govt. of Bihar, Patna. 4.The Disgtrict Superintendent of Education, Bhagalpur. 5.The Bock Education Extension Officer, Sabour at Sabour, District Bhagalpur. 6.The Head Master, Primary School, Agarpur, Khas, P.S,Sabour, Anchal Sabour District Bhagalpur. 7.The Head Mistress, Ramvati Girl Middle School, Rampur Nath Nagar, District Bhagalpur. 8.The Head Master, Middle School Shanker Bal Vikash, Naya Chak, Ishak Chak, Bhagalapur cum Drawing and Disbursing Authority through Rajkiya Adarsh Middle School, Maheshpur Nagar Nigam Bhagalpur, … Respondents. ----------- For the Appellant : Mr. Ajay Kumar Singh & Mr. Atul Kumar. For the State : Mr. Udai Shankar Singh, A.C.to G.A.II. 2. 29.07.2011 Heard learned counsel for the appellant and the learned counsel for the State. From the order under appeal it is apparent that the petitioner remained away from duty as a teacher without any authorized leave for a long period from 1st July 1985 to 30th November 1994. For acceptance of her request or letter of joining dated 1st December 1994 she had ultimately come to this Court through a writ petition bearing C.W.J.C.No. 5248 of 1995 which was dismissed on 30th ‘September 2 1996 without granting any consequential benefit but with an observation that the concerned authority should take a decision pursuant to joining report submitted by the petitioner within a period of 2 months. Pursuant to that, by order dated 8th October 1996 (Annexure-12 to the writ petition) she was directed to submit her joining in the Office of Regional Education Officer, Bhagalpur. Thereafter by an order darted 6th December 1996, which is mentioned in Annexure-13, an office order dated 27th June 1997, a direction was issued to pay salary to the petitioner from the date of joining. Office order contained in Annexure-13 passed by the District Superintendent of Education, Bhagalpur is prima facie a partisan order in favour of petitioner whereby her entire act of remaining absent for a long number of years without authorized leave was overlooked without any cogent reasons. It appears that armed with such a partisan order, petitioner filed a writ petition in the year 2002 claiming salary for the period from 1st July 1985 to 8th October 1996. It is clear from the relevant facts that the petitioner/appellant may be entitled for salary only after she submitted her joining on 1st December 1994 because from that date she has to be treated as an employee waiting for order of posting, although, such a situation was brought about by the petitioner herself. Her posting got dislocated clearly on account of her unauthorized absence for long years. In any case, the writ court has rightly held that absence of the petitioner from 1st July 1985 to 1st December 1994 without approval of leave has to be treated as period of unauthorized absence. It would be for the authorities to decide whether for such an act of unauthorized 3 absence and irresponsible official behaviour, any action should be taken against the petitioner or not. We direct the authorities to consider payment to the petitioner in accordance with law for the period after 1st December 1994, when she submitted her joining . With this direction, the appeal is dismissed. Jay/ (Shiva Kirti Singh,J) ( Shivaji Pandey, J)