SANJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsel for the respondents.

(2.) It is submitted by learned counsel for the petitioner that the petitioner has been appointed after selection by the Divisional Establishment Committee in accordance with Rule 7 of the Ministerial Cadre (Appointment, Promotion and Transfer) Rules, 1974 (herein after referred to as 'the Rules 1974') by Office order bearing Memo no. 298 dtd. 18/6/1995 (annexure 2), issued by the Regional Deputy Director of Education (RDDE), Tirhut Division, Muzaffarpur. It is the submission of the petitioner that pursuant to his appointment he is in continuous service of respondents on Grade III post of clerk.

(3.) Case of the petitioner is that originally he was posted in the office of the Principal, Teachers Training College, Balmiki Nagar. Thereafter, due to un-availability of post, his service was relieved for the office of the RDDE, Tirhut Division, Muzaffarpur under letter dtd. 17/7/1995. Thereafter, the petitioner came to be appointed as a clerk in the office of the Sub Divisional Education Officer, West Champaran, Bettiah where he was continuously in service. Petitioner has been continuously working though it is submitted that he has never been paid any salary. In the said circumstance, the petitioner approached this Court by filing C.W.J.C.No. 14529 of 2012 claiming arrears of salary. The writ petition was filed after 17 years of alleged appointment. The writ petition was withdrawn by the petitioner for pursuing the departmental remedies as it is evident from order dtd. 7/9/2012, passed in C.W.J.C.No. 14529 of 2012.