SURYA NARAYAN JHA Vs. RAMESHWAR PRASAD AND OTHERS

JUDGEMENT

(1.) This Writ Appeal is directed against the judgment and order dated 22.6.95 passed by the learned Single Judge in Civil Rule No. 1752/89.

(2.) The learned Sr. Counsel Mr. B.K. Das and learned Counsel Mr. M. Bhuyan advanced arguments for the Appellant and Respondent No. 1(a) respectively.

(3.) One Shri Rameswar Prasad is the Writ Petitioner in the above mentioned Civil Rule and Respondent No. 1(a) in the instant Writ Appeal. His case in brief is that he has been a teacher in Jawahar Hindi High School, Doom Dooma since its inception in 1966. The School was brought in the deficit scheme of Grant-in-aid in 1980. The Managing Committee of the School appointed him as Headmaster by a letter dated 27.5.84 (Annexure-5 to the Writ petition) with retrospective effect from 5.9.82, i.e., the date of suspension of the former Headmaster Surya Narayan Jah. Shri Jha is the Respondent No. 8 in the above mentioned Civil Rule and Appellant in the instant appeal. The Managing Committee terminated his service on 30.5.87. In the meantime the State Government provincialised the services of employees of the School with effect from 1.2.85. But the Board of Secondary Education, Assam, by a letter dated 26,10.85 withdrew its recognition of the School as provincialised School. However, such recognition was restored by the State Government on 2.1.88, and the Inspector of Schools by his letter dated 19.2.88 released the pay and allowances to the employees from the original date of provincialisation, i.e. 1.2.85.