STATE OF BIHAR Vs. KRISHNA PASWAN

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 27.06.2001 of the High Court of Judicature at Patna in Letters Patent Appeal No. 1590/99 whereby and whereunder the High Court dismissed the appeal and upheld the judgment of the learned single Judge passed in CWJC No. 10448 of 1997 dated 09.02.1999.

(2.) Facts, in brief are as under :- In the year 1987, the respondents herein along with others were appointed as Assistant Teachers by the District Superintendent of Education, Gaya vide order contained in Memo No. 8158-8408 dated 25.6.1987. The relevant terms and conditions contained in the said appointment letter were that the Matric Trained Teachers would get higher pay scale of Rs. 580-860/- whereas the Matric Untrained Teachers would get lower scale of pay of Rs. 535-765/-. The respondents after appointment joined their respective posts and were not paid salary. They, therefore, filed CWJC No. 2099 of 1992 before the High Court of Judicature at Patna. The stand of the State of Bihar in their counter affidavit before the High Court was that the respondents had failed to submit their requisite educational qualification certificates which were pre-requisite for valid appointment, as such they cannot be deemed to be in service. The High Court disposed of the writ petition by directing the respondents to file relevant educational certificates and the State was also directed to decide their claim. In pursuance of the order of the High Court, the respondents-appointees produced the relevant testimonials but the State Government insisted upon them to produce the certificates pertaining to their training.

(3.) The affected appointees again approached the High Court by way of second writ petition (being CWJC No. 12322 of 1993) which came to be rejected by order dated 13.01.1995.