JUDGMENT :

Heard learned counsel for the parties.

2. The instant writ application was initially preferred by the petitioner praying therein for a direction upon the respondent-authorities to accept the joining of the petitioner as an Assistant Teacher and to pay salary with effect from the date the petitioner gave his joining after recovery from his ailment i.e. on 12.12.2005.

During pendency of the case, vide letter no.2184 dated 09.09.2021 (Annexure-H to the supplementary counter affidavit dated 16.09.2021), services of the petitioner has been terminated which has been challenged by way of interlocutory application being I.A. No. 5533 of 2021, which was allowed by this Court.

3. The facts relevant for disposal of the instant writ application is that pursuant to the letter dated 21.09.1994, the petitioner was appointed as an untrained teacher in the pay scale of Rs.975-1540/-, thereafter he joined the service and started doing his work at Primary School Kesarda. Subsequently, in the year 1999, he fallen severely ill due to which he applied for leave. Thereafter, the petitioner was diagnosed with severe “Lumbago Sciatic Syndrome” for which he was regularly treated by a medical expert and after he was declared fit in the year 2005, he gave his joining annexing all the original medical documents before the Block Education Extension Officer (BEEO in short) on 12.12.2005.

Without much delay, the BEEO, Baharagora recommended for the acceptance of joining of the petitioner before the District Superintendent of Education vide its letter No. 54 dated 04.03.2006, however the petitioner did not receive any official communication for joining and forced with this situation and after filing several representations and running from pillar to post; knocked the door of this Court by filing the instant writ application.

4. A counter affidavit dated 05.10.2012 has been filed by the respondent No.3–District Superintendent of Education wherein it was admitted that the petitioner gave his joining letter before the BEEO, Baharagora on 03.03.2006 and it has been stated that the Director Primary Education, Ranchi has directed the respondent No.3 to place the matter before the District Education Establishment Committee, East Singhbhum, Jamshedpur vide its letter dated 04.05.2011 and pursuant to that a show cause notice was issued to the petitioner on 17.10.2011 and a second show cause notice was also issued on 17.08.2012.

It has been further stated in the said counter affidavit that on receipt of reply from the petitioner the entire matter will be placed before the District Education Establishment Committee and as per the decision of the Committee, proper action will be taken in accordance with law.

5. A rejoinder to that effect was also filed wherein it has been specifically stated that for no fault of this petitioner the respondents are sitting tight over the matter and further the statement of issuance of show cause notice has been denied by the petitioner.

A supplementary affidavit has also been filed by the petitioner wherein he has again annexed medical certificate and work description from the school concerned, medical fitness certificate etc. In the said supplementary affidavit dated 02.02.2018 one letter no.232 dated 29th November, 2008 issued by the BEEO, Baharagora to District Education Officer East Singhbhum, Jamshedpur received on 30.11.2008 has also been annexed which clearly transpires that the internal information was required by the District Education Officer and Block Education Extension Officer, after enquiry, submitted its report informing that the petitioner went on leave 23.10.1999 and thereafter he continued to inform the Office vide several representations about his continued ailment and finally he gave his joining on 03.03.2006.

6. When nothing was done; during pendency of the case, this Court vide its order dated 29.07.2021 directed the State counsel to seek up-to-date instruction on the decision of District Education Establishment Com