IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8465 of 2003 PRANATI MUKHERJEE wife of K.N.Chakrawarti, at present Resident of Quarter No. CD 24 Sector- 2, Dhrba Ranchi, Jharkhand. Versus 1.THE STATE OF BIHAR 2.Director Mess Education, Secondary, Primary and Adult Education, Department, Govt. of Bihar, Patna. 3.Commisioner Human Resources Development Dept. Secondary and Adult Education Department, Govt. of Bihar, Patna. 4.Deputy Director Mass Education Bihar, Patna. 5.District Mass Education Officer, Bhagalpur. ----------- 3 6/1/2010 No one appears for the petitioner. Counsel for the State is present. Prayer of the petitioner in this writ application reads as follows:- “That this is an application for issuance of an appropriate writ/writs or order/orders or direction/directions commanding the respondent authority to grant the leave of petitioner for the period of maternity alongwith continuous illness during the period of 1.5.1980 to 15.6.1983 and to calculate the seniority of the petitioner from her Ist date of joining dated 12.12.78 and to give benefit in her service for adjustment/absorption to the post of Project Officer of Adult/Mass Education similar to other so that junior may not come up above the petitioner and for issuance of such other appropriate writ or order or direction which may deem fit and proper.” Counsel for the State with reference to the aforementioned prayer has relied on the counter affidavit filed on behalf of respondent no.2, wherein it has been 2 stated that the petitioner had joined as Supervisor, Adult Education on 12.12.78, but thereafter had remained absent till 15.6.83 and consequently the petitioner’s joining was accepted on 16th June, 83 and was continued in service till 15th June, 1992, whereafter, her services were terminated. The petitioner was subsequently absorbed in service by reappointment in 1998 against the post of Clerk-Cum-Accountant in Non-formal Education Programme, but such engagement of the petitioner also came to an end on 1.4.2001 on account of closure of non- formal Education Scheme. It is in this background that in the counter affidavit that the respondents have proceeded to explain that the claim of the petitioner for grant of maternity leave and/or leave for illness from 1.5.1980 to 15.6.1983 was duly examined and the same was rejected by the competent authority taking into account that the petitioner’s joining on 12.12.78 was not followed by any working, rather she had remained absent up to 15th June, 1983. The respondents therefore have taken a plea that as the petitioner had remained absent from duty immediately after joining her post she could not earn any kind of leave till 15th June, 1983 and as such she was not entitled for any leave. In view of the fact that the petitioner no longer 3 continues in service as also the fact that the petitioner had tried to raise a wholly stale claim May 1980 to June 1983 by filing of this writ application only in the year 2003 (on 19.8.2003) this Court must hold that the writ application for either of the relief, i.e, grant of maternity leave and/or seniority from the date of first joining is not maintainable. That being so, this application is devoid of any merit and is, accordingly, dismissed. Abhay Kumar (Mihir Kumar Jha, J.)