Order Heard the parties. 2. This writ application has been filed for giving direction to District Magistrate, Madhepura respondent no. 3 to accept joining of the petitioner with effect from 1.3.1996. 3. It appears that the petitioner was appointed in the year 1979 on the post of Jan Sewak and he discharged his duties till 26.8.1984 and from 17.8.1984 he absented himself. According to the petitioner, he remained ill for years together and thereafter, after regaining from ailment the petitioner submitted his joining on 1.3.1996, upon which no order was passed either by Block Development Officer, respondent no. 4 or District Magistrate, Madhepura, respondent no. 3. 4. This writ application was filed on 3.9.1996 and therefore on 15.12.1996 a notice has been issued directing the petitioner to show cause as to why he be not dismissed from service for remaining absent from' duty for a period of more than 12 years. 5. In this case a counter affidavit has been filed on behalf of State in which it has not been stated that before the petitioner submitted his joining any proceeding has been initiated against the petitioner. 6. At least one thing is clear that till before the petitioner submitted his joining no order dismissing, the petitioner from service has been passed. 7. It is well settled that if a Government servant remained absent for a long period his service is not automatically terminated but departmental proceeding for dismissing him from service can be initiated. It appears that departmental proceeding initiated subsequent to joining submitted by the petitioner is pending. 8. In view of these facts, the writ application is allowed and respondent nos. 3 and 4 are directed to accept the joining of the petitioner, which he submitted on 1.3.1996 with effect from the date of filing of this writ application, that is, 3.9.1996. 9. As the petitioner could not discharge his duties because of action of the authorities in illegally refusing the joining of the petitioner and there is nothing to show that the petitioner has discharged duties at some other place during the aforesaid period, authorities are directed to pay the salary of the petitioner from 3.9.1996 till this day or till the date of passing of final order in the departmental proceeding terminating petitioner's service whichever is earlier. This order must be complied with within a period of one month from the date of receipt/production of a copy of this order. It is clarified that this order shall not in any manner affect the departmental proceeding, which has been initiated against the petitioner. 10. With the aforesaid direction, the writ application is, thus, disposed of.