RAMAN BIHARI SINHA ALIAS RAMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application is directed against an order dated 4th March, 1982 passed by the respondent No. 2 whereby and whereunder he refused to approve the services of the petitioner, as contained in Annexure '1' to the writ application.

(2.) The facts of the case lie in a very narrow compass. The petitioner was allegedly appointed on 10-9-1971 by the Managing Committee in Patel High School, Narainpur, situated in the District of Darbhanga. The appointment letter was given to the petitioner on 22-9-1971 under the signature of the Secretary of the; said school. The petitioner has urged that the Secretary of the said school sent the name of the petitioner for approval of his appointment to the Sub-divisional Education Officer on 23-9-1971 but no decision was com municated in this regard. Thereafter, -A eminder was sent on 13-3-1972 but inspite thereof no order was passed by the Sub-divisional Education Officer. The petitioner has further asserted that again on 19-1973, 29-1-1973 and 10-4-1974 reminders were sent to the Sub divisional Education Officer. The petitioner has further asserted that the Headmaster of I he said school aiso wrote a letter on 5-11-1974 to the Sub-divisional Education Officer for approval of the appoint ment of the petitioner Thereafter, certain informations were solicited by the Assistant Secretary of the Secretary Education Board by a letter dated 23-8-1978, but the District Education Officer, as it appears, did not send reply to the said letter of the Board.

(3.) According to the petitioner, at the time of his appointment, he was holding a master degree in Arts and in April, 1975 he went to complete research for Doctorate of Philosophy Degree and he submitted his thesis in March, 1979 The petitioner remained on leave from April, 1975 to 1st April, 1979. There after, the petitioner was allowed to join the said school on 2-4-1979.