S.J.MUKHOPADHAYA, J. - (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, The grievance of the petitioner is that the joining of petitioner given on 1st January, 1985 was not accepted and the matter was referred to the authorities. One or other authorities though made correspondence between them and issued letters, including letter No. 4009 dated 29th July, 1992; letter No. 1389 dated 13th May. 1992 etc., but no formal order accepting joining was issued and ultimately, the Director, Primary Education, vide impugned order dated 16th August, 1995 rejected the claim to accept joining.
(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. From the certificates of doctor Abdul Rahim dated 31st December, 1984. It will be evident that the petitioner was stated to be suffering from T.B. and was under his treatment from 6th February to 31st December. 1984, i.e. a day prior to the date of joining of petitioner given on 1st January, 1985.;