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2016 Supreme(Pat) 235

I. A. ANSARI, CHAKRADHARI SHARAN SINGH
Most. Devanti Devi – Appellant
Versus
State of Bihar, through the Principal Secretary, Human Resources Development Department, Government of Bihar – Respondent


Advocates Appeared:
For the Appellant :Mr. Shivendra Kishore, Senior Advocate and Mr. Bimlendu Shekher Thakur, Advocate.
For the Respondent: Mr. S. Raza Ahmad, AAG-9 and Mr. Vishwambhar Prasad, AC to AAG-9.

JUDGMENT :

I.A. ANSARI, J.

1. Having been appointed, on compassionate ground, by the District Superintendent of Education, Gaya, as an Assistant Teacher on 21.08.1991, the original writ petitioner, namely, Rana Pratap Singh (since deceased), continued to serve as an Assistant Teacher, in Urdu Primary School, Madarpur, Dumaria, Gaya, with effect from 07.09.1991. The original writ petitioner remained absent from duty from April, 1997, until the time he presented his joining report, on 23.02.2008, with a medical certificate, whereby he was certified to be medically fit to resume his duty. The original writ petitioner’s joining report was not accepted nor was any formal rejection order passed; but the original writ petitioner was not allowed to rejoin his service. No departmental or disciplinary proceeding was initiated against the original writ petitioner for having remained absent from duty in the manner as indicated hereinbefore.

2. Having not been able to rejoin his service, the original writ petitioner filed a writ petition, under Article 226 of the Constitution of India, which gave rise to C.W.J.C. No. 21857 of 2011. By his writ petition, the original writ petitioner sought for, int






























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