SHANKAR K MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is the second journey of the parties to this Court. The basic issue is whether the appellants herein were legally recruited as teachers during the period from 1981 to 1983.

(2.) These two appeals are directed against two judgments of the High Court of Patna. While C. A. No. 916/1999 is directed against the judgment dismissing the writ petition filed by 55 persons including the appellants, C. A. N. 1524/1999 is directed against the judgment in Letters Patent Appeal whereby the order of the learned single Judge was affirmed. The writ petition was filed by the present appellants.

(3.) Factual background so far as undisputed is essentially as follows : About 2000 persons were appointed as primary teachers in various districts of Bihar. As legality of the appointments was questioned in various forums, enquiries were conducted. Orders were passed terminating the services of the teachers including the appellants who had been appointed during the relevant period. Such orders of termination were challenged before the High Court, which by judgment dated 11-8-1999 directed to take up the appointment of teachers in elementary schools in various districts by inviting applications from the writ petitioners as well as other persons who had been removed because they were illegally recruited by the District Superintendent of Education. It was inter alia observed that if they had become over age during the period of their service on stipend and removal of the same was not to be taken note of. The relevant portion of the judgment which has great relevance so far as the present dispute is concerned reads as follows :