(1.) THE writ petiton has been preferred by Petitioner against the order dated 20th February, 1990 as contained in Memo No. 88 (Annexure -1), whereby and whereunder, it was decided to withhold payment of salary, till the enquiry relating to approval of service is completed by the Respondents.
(2.) ACCORDING to the Petitioner, he was appointed as Assistant Teachel prior to 1971 in Primary School, Rakhaut, Block -Sonbarsa within the district of Saharsa. It was being run by the private Managing Committee and was taken over in pursuance of Bihar Non -Government Elementary School (Taking Over and Control) Ordinance, 1976, followed by Act 30 of 1976, with effect from 1.1.1971, whereby the services of the teachers were also taken over.
(3.) THE Respondents in their counter affidavit have raised dispute relating to legality and propriety of appointment and its approval on the ground that the Petitioner was under age on the date of take over (1.1.1971) being 16 years 9 months and 24 days on the said date. he fact that the school was taken over and the service of Petitioner was approved by the Director, Primary Educauon, has not been disputed.