(1.) THE appeal is barred by limitation.
(2.) AFTER having heard learned counsel for the parties and taking into consideration the averments made in the limitation petition, we are of the view that sufficient ground has been made out to condone the delay in filing this appeal. Accordingly, the delay in filing this appeal is condoned.
(3.) THE facts necessary for disposal of the present appeal, are that the writ petitioner/respondent filed the said writ application before this Court for a direction to the appellants to pay arrears of salary from 26.6.1995 when he claims to be appointed on class III post till date with interest of 25% per annum and also for current salary. The assertion of the respondent is that in pursuance of a local advertisement published in 1995 from the office of the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur, he applied along with others and his name was called for from employment exchange. He along with others was interviewed and was appointed on the post of Clerk vide order dated 26.6.1995, which has been annexed as Annexure -2 to the writ application. The respondent was posted in Sarjoo High School. Sursand, but his joining was not accepted as no post of Clerk was vacant. Then he approached the District Education Officer, Sitamarhi to post him in some vacant place, but no decision was taken for his posting. Then he approached the higher authority and by letter dated 31.12.1998, the District Education Officer, Sitamarhi ordered for his posting in High School, Maneshmas Asthan, Sitamarhi where he joined on 2.2.1999. Thereafter he approached the authority for payment of salary, but the same was not paid and hence he filed the writ application.