SURYA NARAYAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the petitioner and the counsel appearing for the State. Petitioner has made prayer for granting several relief:-

(2.) PETITIONER was initially appointed on the post of Welder Instructor on 4.7.1960 under the scheme Model Blacksmith at Pusa Road under the district of Darbhanga. Subsequently by the order dated 2.4.1965 issued by the Deputy Director, Technical Education, Government of Bihar, Patna, he was appointed on the post of Workshop Instructor in the Welding trade under the State Government at Junior Technical School, Muzaffarpur. PETITIONER was appointed along with other persons. The State Government decided to abolish the junior Technical Schools situated at Patna, Muzaffarpur and Koderma with effect from 1.1.1969. PETITIONER and two other persons who were working in Junior Technical School, they were also going to be terminated with effect from 1.1.1969. However, they continued till 1.8.1969, on account of some stay order and injunction order passed in cases preferred by similarly situated employees of the Junior Technical School. Service of the petitioner was terminated with effect from 1.8.1969. He was again appointed on the post of Junior Instructor at Mining Institute, Koderma in the same pay scale. He joined on 30.1.1970. However, the period in between 1.8.1969 to 29.1.1970 was not treated as regular service. Six months period was treated as break in service.

(3.) THIS writ application is accordingly allowed.