LAKSHMI NARAYAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner of C.W.J.C. No. 8860 of 1998 has preferred this appeal in terms of Clause 10 of the Letters Patent of the Patna High Court and is aggrieved by the order dated 17.8.1999, whereby the writ petition was dismissed and it has been held that in view of the petitioner 'sdischarge on 21.2.1972, from service from a privately managed school governed by its Managing Committee, he is not entitled to continuity of service for the period he has rendered in the private ' school.

(2.) We shall go by the description of the parties occurring in the writ petition. A brief summary of facts is essential for disposal of the issues involved in this appeal. The writ petitioner had joined High School, Maranchi, Patna, a privately managed School, on 12.7.1954. He became officiating Headmaster on 25.3.1956, and claims to have been confirmed on 30.10.1959. The petitioner was suspended on 14.7.1970, and discharged from service on 21.2.1972. The petitioner claims to have preferred an appeal against the order of discharge. The petitioner thereafter joined Ayodhya High School (Gyan Bharti), Begusarai, on 22.2.1972, another private school governed by its Managing Committee. It further appears that the said Ayodhya High School received approval for establishment by the State Government on 2.3.1976, and was taken over on 2.10.1980. The service of the petitioner was also taken over, he became a Government servant, and ultimately superannuated from the services of the Bihar Government. The issue relating to grant of post -retirement benefits occurred, and the Accountant General took the stand that he was not entitled to the benefit of continuity of service with effect from 12.7.1954, leading to the writ petition which has been dismissed.

(3.) WHILE assailing the validity of the impugned order, learned Counsel for the writ petitioner (appellant herein) submits that the order of the Director of Education passed in obedience of the order dated 15.3.1982, in C.W.J.C. No. 3669 of 1981 (Sri Ram Udgar Singh V/s. The State of Bihar and Ors.), a composite order was passed whereby his order of discharge from service was set aside. He is, therefore, entitled to the benefit of continuity of service. He relies on the judgment of a learned Single Judge of this Court, Dhrub Roy V/s. The State of Bihar and Ors., 2007 1 PLJR 769. He next submits that even if there was a short break of service, the same may be condoned.