MOSTT GEETA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The original petitioner had filed this writ application for a direction to the respondents to accept his joining as an Assistant Teacher. The writ application was filed in the year 2006. During the pendency of this writ petition, the authorities appear to have woken up the reality. On 29.1.2007 (Annexure 9 to the supplementary affidavit of the petitioner) a notice was issued to the petitioner informing him of earlier notices issued in 2006 itself to show cause as to why, because of his long unauthorized absence, his services be not terminated. In response to the aforesaid, petitioner on 13.2.07 filed his show cause. The plea taken by the petitioner was that he was appointed as an Assistant Teacher in 1983. In 1985 he became seriously ill and had to be treated for neurosis (mental illness). He thereafter tried to join but was not permitted. He remained ill thereafter and allegedly kept representing to tie permitted to join. Ultimately, after twelve years, in 1997 he filed a writ application before this Court but this Court refiised to entertain the same directing the petitioner to approach the departmental authorities. Again nothing came out and again in 2006, the present writ application was filed. The petitioner died on 6.5.2007 and it is thereafter when an affidavit was filed by the State, it was brought on record prior to his death, the State through Director (Secondary Education) rejected the petitioner's application for joining by his order dated 2.5.2007. In the meantime application of surviving heirs was allowed and they were substituted. They are wife and the children of the original petitioner. They have amended the writ petition with a prayer to quash this order and for a direction for payment of statutory dues payable.

(2.) On the other hand, learned counsel for the State submits that the petitioner had hardly worked for two years and then absconded. He could not, therefore, be given any salary or continuity of service or any other benefits. Unauthorized absence for more than five years, in terms of Rule 76 of the Bihar Service Code , he would be deemed to be dismissed from service.

(3.) With the consent of the parties this application has been heard for final disposal at this stage itself.