IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8874 of 2007 ARUN KUMAR, S/O RAM KRISHNA PRASAD SINGH, R/O VILLAGE-GODUH, P.S.-BARBIGHA, DISTRICT- SHEIKHPURA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF PRIMARY EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 2. THE DIRECTOR, DEPARTMENT OF PRIMARY EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE DISTRICT MAGISTRATE, SHEIKHPURA. 4. THE DISTRICT SUPERINTENDENT OF EDCUATION, SHEIKHPURA. 5. THE HEADMASTER, MIDDLE SCHOOL, MEHUNS, SHEIKHPURA. ………………RESPONDENTS. ----------- 2 17.12.2009 Petitioner claims to be appointed as Assistant Teacher in the Middle School, Mehuns with effect from 13.12.1995. He applied for study leave and from Anneuxre-2 it appears that the same was granted on the condition that he will not be entitled to the salary of the period. He completed his study and thereafter, submitted his joining on O4.12.2006, vide Annexure-3, which was allegedly received in the office of the Headmaster. Sometime in November, 2006 his another application was forwarded to the District Superintendent of Education, Sheikhpura by the Headmaster under his note dated 7.2.2007, vide Annexure-4. However, the 2 grievance of the petitioner is that, no orders have been passed on his application for joining by the respondents till now on account of which he is out of service and is not being paid his salary. No counter affidavit has been filed in the case inspite of passage of more than two years of filing of the writ application. Therefore, this Court considers it appropriate to dispose of the matter with a direction to the respondents to pass orders on the application of the petitioner for his joining. The respondents are accordingly directed to consider the application of the petitioner for his joining in the said school in view of the fact that he was allowed study leave earlier by them and pass appropriate orders in accordance with law within two months from the receipt/production of a copy of this order. The respondents shall also consider that in case there was no valid reasons for not accepting the joining of the petitioner inspite of he having submitted his application in November, 2006, whether he will be entitled for the salary of 3 the period, or not. Speaking order in this respect also must be passed within that very period. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)