S.K.SINHA, J.N.BHATT
Shyam Kishore Singh – Appellant
Versus
State Of Bihar – Respondent
1. Upon a joint request of learned counsels for the parties, this Letters Patent Appeal has been taken up for final hearing today. It is directed against the judgment of the learned Single Judge dated 3.4.2003 in C.W.J.C. No. 13885 of 2001 under clause 10 of the Letters Patent.
2. The present appellant is the original writ petitioner who was forced to initiate a legal battle by filing a writ petition under Article 26 of the Constitution of India on account of denial of counting of his service rendered before his joining or taking over of earlier school with effect from 29.2.1988.
3. The admitted facts may be highlighted at this juncture which are:
(i) The petitioner joined recognised High School, Hasua in the District of Nawadah on 26.4.1966 and remained there till 30.11.1983.
(ii) Later on he joined Brig Gopal Lai High School on 1.12.1983 and as the aforesaid school was taken over by the Government with effect from 29.2.1988 the original writ petitioner became a Government employee.
(iii) The petitioner sought for voluntary retirement which was allowed with effect from 1st January, 2000 by the concerned authority.
(iv) The Government passed a resolution dated 15.1.1982, wh
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