KRISHNA MOHAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is before this Court with a submission that the alleged break in service for the period between 16.7.1967 to 28.8.1969 be condoned and his appointment be treated to be continuous right from 3.7.1967, the reason for seeking condonation of the break in service obviously is that if the break is condoned and the petitioner is held to be in service with effect from 3.7.1967 till the date of his retirement he would complete more than 33 years of service which is required for full pension.

(3.) The undisputed facts are that the petitioner was appointed on 3.7.1967 under the orders of the Secretary of the Bihar Legislative Assembly, his tenure was fixed for a particular period, but however, re-appointment orders were issued from time to time. It so happened that after completing the service for the period between 1.9.1968 to 1.3.1969 he was discharged from service and thereafter he was again continued under a fresh order with effect from 1.3.1969 to 16.7.1969. On 16.7.1969 he was again discharged from service, but the counsel for the petitioner says that he was relieved. For the period between 17.7.1969 to 28.8.1969 when the President's Rule was in vogue the petitioner remained out of the service. The petitioner is seeking condonation of the break in service for the period between 17.7.1969 to 28.8.1969.