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2022 Supreme(Jhk) 52

DEEPAK ROSHAN
Subodh Kumar Hembram – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Amit Kumar Das, Ms. Swati Shalini, Adv.
For the Respondent: Mr. Raunak Sahay, Adv

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 a

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