RAMDEO KUMAR ARYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, Ramdeo Kumar Arya, has challenged the order dated 23rd July, 1996, as contained in Annexure -1, whereby and whereunder, the claim of petitioner for recognition of his service, on take over of the school has been rejected on the ground that he was not a trained Graduate on the date of take over and the qualification of Shiksha Bisharad is not equivalent to Graduate trained.

(2.) THE brief facts of the case show that the petitioner was appointed as Assistant Teacher on 2nd November, 1981 by the then Managing Committee of Shri Khedan Badri Chaurasia High School, Gochhari, Jamalpur in the district of Khagaria. The school was taken over on 21st February, 1983. On such take over, while services of four teachers were taken over, vide Notification dated 8th October, 1993, no order was passed in respect of petitioner and another. In spite of petitioner 's request, he having not recognised as an Assistant Teacher, had to move before this Court in C.W.J.C. No. 2404 of 1985 with prayer to trust him as an Assistant Teacher. The said case was filed along with one Sheromani Mandal, who claimed to be Night -guard for approval of his service.

(3.) ON such remand, the Respondents again rejected his claim, vide impugned order dated 23rd July, 1996 and consequential order dated 11th February, 1997 (Annexure -1 and 1/4), on the plea that the petitioner was not a trained Graduate on the date of take over and the qualification of Shiksha Bisharad is not equivalent to B.Ed.