CHULHAI PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed against the order dated 12.05.2009 passed in C.W.J.C. No. 863 of 2008 whereby the learned Single Judge rejected the claim of the writ Petitioner-Appellant herein for regularizing his services with effect from 21.01.1976 i.e. the permission granted by the authorities for establishment of the Respondent-school where he was working.

(2.) The learned Single Judge refused to grant such relief on the ground that in view of provisions of the Bihar Taken-Over Secondary Schools (Service-Condition) Rules, 1983, all the previous Circulars and the Rules deemed to have been repealed in terms of Sub-rule (1) Rule 21 of the statutory Rule.

(3.) The learned Counsel appearing on behalf the Appellant has brought to our notice a circular dated 1.3.1977 contained in annexure-2 to the supplementary affidavit in this L.P.A. filed by the state wherein it has been stated that the date of establishment would be taken as the date of joining.