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2001 DIGILAW 526 (JHR)

Arun Kumar Singh v. State Of Jharkhand

2001-07-31

SUDHANSU JYOTI MUKHOPADHAYA

body2001
ORDER S.J. Mukhopadhaya, J. 1. This application has been preferred by the petitioner against the decision communicated by the Director, Primary Education, Bihar vide letter No. 1612 dated 6th August, 1995, whereby and where-under, the application of petitioner to accept his Joining has been rejected. 2. According to the petitioner, he was appointed as an Assistant Teacher on 28th July. 1963 in Anudrah Middle School, Mango, Jamshedpur and continued till 5th April, 1982 when he had to process on leave being sick due to Tuberculosis (T.B.). Subsequently, the petitioner applied for continuation of leave, vide letter dated 8th March, 1983 and also submitted Medical Certificate. The petitioner thereafter having recovered from illness gave Joining on 1st January, 1985, 3. The grievance of the petitioner is that the joining of petitioner given on 1st January, 1985 was not accepted and the matter was referred to the authorities. One or other authorities though made correspondence between them and issued letters, including letter No. 4009 dated 29th July, 1992; letter No. 1389 dated 13th May. 1992 etc., but no formal order accepting joining was issued and ultimately, the Director, Primary Education, vide impugned order dated 16th August, 1995 rejected the claim to accept joining. 4. The counsel for the petitioner submitted that in absence of any order of termination, the petitioner deemed to continue in service. There is no provision of automatic cessation of service because of absence from duty. The petitioner having given joining on 1st January. 1985, the Respondents cannot refuse to reject the same on the ground of delay and such matter remained pending with the Respondents and there was no laches on the part of the petitioner since 1st January. 1985. From the certificates of doctor Abdul Rahim dated 31st December, 1984. It will be evident that the petitioner was stated to be suffering from T.B. and was under his treatment from 6th February to 31st December. 1984, i.e. a day prior to the date of joining of petitioner given on 1st January, 1985. 5. On the other hand, from the so called joining report, as contained in Annexure-4, it appears that a different ground given for absence from duty. 1984, i.e. a day prior to the date of joining of petitioner given on 1st January, 1985. 5. On the other hand, from the so called joining report, as contained in Annexure-4, it appears that a different ground given for absence from duty. It is stated therein that he become unwell so he had to proceed on leave and, in the meantime, his mother, father and uncle having a died, he became mentally sick and was under the treatment of doctor for such mental treatment. The letter, as contained in Annexure-4, does not bear any date, Therein, prayer has been made to accept bis joining from 1st January, 1985. However, the noting of the Head Master of the Middle School concerned bears the signature with the date 31st December, 1984, i.e. a day prior to the date of joining. This matter has not been explained by the petitioner as to how the Head Master made recommendation of 31st December, 1984. while the petitioner gave his joining on 1st January. 1985. Further, it has also not been made clear as to why the petitioner gave ground of mental sickness because of the death of his mother, father and uncle, though in the report obtained from doctor dated 31st December, 1984, it was shown that he was suffering from T.B. This apart, the petitioner has failed to explain as to why he moved this Court after about six years when the impugned order was passed and communicated, vide memo dated 16th August, 1995. 6. In the facts and circumstances, as this Court is not inclined to accept the version and ground shown by petitioner in respect to his absence from duty, refuse to grant relief. The writ petition is accordingly, dis missed. 7. Writ dismissed.