KAILASH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and learned Counsel for the State.

(2.) In this writ application the petitioner has prayed only for issuance of a direction commanding the respondents to regularize his service on the vacant and sanctioned post of clerk in Rajkiyakrit Janta high School, Satayan, district Jamui (hereinafter referred to as "the school") on the basis that he has been working on the said post for more than last 12 to 13 years.

(3.) COUNSEL for the petitioner has submitted that the petitioner was initially appointed on the post of peon on 15.11.1973 in the school and from that day he has been holding substantive post of peon. It is the case of the petitioner that in the month of April, 1994 the solitary post of clerk in the school became vacant on account of retirement of regular incumbent and as such the Headmaster of the school had entrusted him some work of the post of clerk. The counsel for the petitioner has relied on a letter of the Headmaster of the school dated 24.9.1994 (Annexure 1) to contend that infact he had also recommended to Regional Deputy Director of Education (R.D.D.E.), Bhagalpur for promotion of the petitioner on the post of clerk against vacant post.