ARUN KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been preferred by the petitioner against the decision communicated by the Director, Primary Education, Bihar vide letter No. 1612 dated 6th August, 1995, whereby and where -under, the application of petitioner to accept his Joining has been rejected.

(2.) ACCORDING to the petitioner, he was appointed as an Assistant Teacher on 28th July. 1963 in Anudrah Middle School, Mango, Jamshedpur and continued till 5th April, 1982 when he had to process on leave being sick due to Tuberculosis (T.B.). Subsequently, the petitioner applied for continuation of leave, vide letter dated 8th March, 1983 and also submitted Medical Certificate. The petitioner thereafter having recovered from illness gave Joining on 1st January, 1985,

(3.) THE counsel for the petitioner submitted that in absence of any order of termination, the petitioner deemed to continue in service. There is no provision of automatic cessation of service because of absence from duty. The petitioner having given joining on 1st January. 1985, the Respondents cannot refuse to reject the same on the ground of delay and such matter remained pending with the Respondents and there was no laches on the part of the petitioner since 1st January. 1985.