IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9579 of 2010 1. SHEELA CHOUDHARY, W/O DR. SITA RAM CHOUDHARY, R/O HOUSE OF DEEPAK CHOUDHARY, PARWATI MEDICAL HALL, MO. NARIYAL BAJAR, P.O., P.S. AND DISTRICT- MADHUBANI. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT,GOVT. OF BIHAR,PATNA. 3. THE DIRECTOR (PRIMARY EDUCATION), DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT,GOVT. OF BIHAR,PATNA. 4. THE DISTRICT MAGISTRATE,MADHUBANI. null null 5. THE DISTRICT SUPERINTENDENT OF EDUCATION,MADHUBANI. null null 6. THE BLOCK EDUCATION EXTENSION OFFICER, MADHUBANI. null null 7. THE HEAD MASTER, GOVT. PRIMARY SCHOOL, MISHRA TOLA,BHAUARA,MADHUBANI. ----------- 4 20/05/2011 A person appointed in a substantive capacity continues to hold lien on the post till he or she superannuates on attaining the age of superannuation. The tenure or the service can be cut short only on adopting procedure laid down under the Service Code or the Conduct Rules as the case may be. Here is a case where the petitioner who is supposed to be an Assistant teacher duly appointed on 1.6.1976 and working in that capacity without any interruption is now being compelled to run around - 2 - different offices and Babus of the Department for a direction to permit her to join the post after she returned from leave. Counter affidavit has been filed on behalf of the State where certain stand has been taken that the petitioner never reported or that she was absent for a very long time and that some of the orders which have been annexed regularising the period of absence to be not authentic but such a stand on behalf of the respondents does not make the matter any better for the State so far as the Rule governing such issues are concerned. Petitioner cannot be left in the lurch or remain on the road because she chose to be absent for whatever period of time. Leave is a part and parcel of right of an employee to demand, beget or avail thereof and if there are certificates which are within the parameters of the Rules, then steps have to be taken for the same but refusal to accept the joining of the petitioner is not an answer. The Court is not satisfied with the explanation offered by the State and, therefore, this Court directs the Headmaster of Government Primary School, Mishra - 3 - Tola, Bhauara, Madhubani to accept the joining of the petitioner on the basis of the order of this Court forthwith without any impediment whatsoever or any direction to be obtained at any level or any quarter. After the petitioner joins, she will be permitted to work trill the concerned respondents decide to invoke the law on the issue of absence of the petitioner. This writ application is thus, allowed. AMIN/ (Ajay Kumar Tripathi, J.)