NANDKISHORETRIGUN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for issuance of writ of mandamus directing the respondents to treat the petitioner in continuous service right from 14.9.1974 till he resumed his duties as per the order dated 18.12.1991 of the Director, Secondary Education (as contained in Annexure '10') and for consequent payment of his salary for those periods and grant of consequential benefits by way of seniority, promotion, etc.

(2.) The relevant facts which appeared from the writ application and counter affidavit filed on behalf of the respondent-Director may first be stated in short.

(3.) Pursuant to an advertisement made by the Managing Committee of a private recognised school the petitioner was appointed as a teacher in the school, namely Adarsh High School, Samhuta (Rohtas) on 9 3.1973 as an Assistant Teacher (Physical Training). As required in the Rules governing regulations of private schools which was in force at the material time, the Managing Committee requested the Sub-divisional Education Officer, Sasaram for approval of his service, on 2 4 1973 but for certain reasons the said approval was not granted. Accordingly, the Managing Committee terminated the service of the petitioner on 15. 9. 1974. According to the petitioner, no formal order of termination was served upon him. But the fact remains that since 1974 be had not served in the School.