IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6968 of 2006 BATOHI RAM S/o Mohit Ram resident of Village and Post Pandol Bujurg P.S. Nanpur District Sitamarhi, Bihar….. ……..Petitioner Versus 1. THE STATE OF BIHAR through the Secretary, Human Resource Development Department, Govt. of Bihar, Patna, 2. The Director, Education (Primary) Govt. of Bihar, New Secretariat, Bailey Road, Patna, 3. The Inspectress of Schools Cum the Dy. Director Education Govt. of Bihar, Patna, 4. The District Education Officer, Darbhanga at Darbhanga, 5. The Headmistress, Ram Nandan Mishra Govt. Girls High School, Laheriya Sarai, Distt. Darbhanga.. ……….Respondents. For the Petitioner :M/s Suresh Pd. Singh No.1, Vitesh Kumar Singh, Advocate For the State : Mr. Din Bandhu Singh, GP-IX ………………… 5 09.03.2011 Heard learned counsel for the petitioner and the State. Petitioner seeks direction to the concerned respondent for accepting joining of the petitioner who was a Peon and had gone on leave but had overstayed. Petitioner also prays for direction to pay salary after accepting his joining and all the consequential benefits. Counter affidavit has been filed on behalf of the State stating therein that the petitioner had remained 2 absent since the year 1998 and from Annexure-J/1, which is a letter written by the Headmistress of the School to the Inspectress of the School, it is apparent that the petitioner had never come to join. The petitioner claims that he was ready to join but was not allowed to join. It is also stated on behalf of the State that the medical certificate annexed by the petitioner is also false and fabricated. However, it is also accepted on behalf of the State that no disciplinary or departmental proceeding has been initiated as yet for the purpose of removal of the petitioner. In above view of the matter, let the petitioner make a fresh representation before respondent No.3, i.e., the Inspectress of Schools-Cum-the Dy. Director, Education, Govt. of Bihar, Patna, who shall consider all the grievance of the petitioner raised in this writ application and pass order on its own merit and in accordance with law. If such representation is made within six weeks, the same should be considered and disposed of within three months and such decision taken should be communicated to the petitioner. It is made clear that this Court has not formed 3 any opinion with regard to the merit of the case of the petitioner. Accordingly, this writ application stands disposed of in terms of the observations and directions as indicated above. Sanjay-II ( Dr. Ravi Ranjan, J.)