UMASANKAR RAI YADAV Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard on admission. This intra court appeal is directed against the order dated 16.10.2015 passed by the learned Single Judge of this High Court whereby he has dismissed appellant's WP(C) No.6230/2015.

(2.) Appellant's father was the founder of Hindi Primary School at Tezpur and another School at Tangla. Both the schools are now named as Rastria Hindi Vidyalaya Tangla. After the retirement of appellant's father on 31.12.1994, he was appointed in the school as Assistant Teacher on 30.1.1996. The appellant was entitled for only stipendiary pay. After 4 months i.e. March,1996, the appellant remained absent from school for 16 years. He however submitted a joining letter in the school on 23.5.2012 and the management of the school did not allow him to join. The appellant thereafter filed WP(C) No.6230/2015 for a direction against respondents to allow him to join the school. The learned Single Judge found no merit in the petition and dismissed the same on the ground that appellant's unauthorized absence from the school for 16 years was a good ground for the management not to allow him to join.

(3.) It is also to be noted that even according to the appellant he was not allowed to join the school on 23.5.2012, yet he filed the petition after 3 years i.e. in the year 2015. The appellant is apparently guilty of delay and laches. Unauthorized absence from the school, under no stretch of imagination, can be held as a good ground for allowing the appellant to join the school. The appeal has no merit and is accordingly dismissed.