BRAJ MOHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This case is a befitting example how people invoke the jurisdiction of this Court under Article 226 of the Constitution of India to get illegal gains aided by the lapses or ignorance of the functionaries of the Government to the rule of law.

(2.) Petitioner had moved this Court earlier in C.W.J.C. No. 8738 of 2001 for a direction to the Respondents to consider and approve his salary proposition statement submitted by the D.S.E., Gaya to the Director, Secondary Education. The said writ application of the Petitioner was disposed of by this Court by order dated 12.7.2001 with a direction to the Special Director to look into his salary proposition statement, examine the same and pass necessary orders in accordance with law. Accordingly, the matter was examined by the Special Director and, by speaking order contained in Annexure-1, he rejected the proposition statement of the Petitioner giving a cause of action to the Petitioner to file the present writ application.

(3.) Case of the Petitioner is that he was appointed as Assistant Teacher in the School concerned on 30.6.1983. His services were approved by the Respondent D.S.E. as per order contained in his office Memo No. 689 dated 2.7.1983 (Annexure-2) with certain conditions. The conditions were that the Petitioner had to get the training at his own cost soon and till the period of his training the post was to remain reserved. Petitioner received his training from Bhartiya Shiksha Parishad, Lucknow in the year 1994 and was successful, as appearing from the marks-sheet contained in Annexure-3. Thereafter, he applied to the Respondent D.S.E. for absorption of his services and the Respondent D.S.E., by order contained in Memo No. 1322 dated 2.10.1996, absorbed him in service with effect from 25.7.1994, against the post of Matric Trained Teacher in the School, in the pay scale of Rs. 1,200-2,040/-, and directed the office to submit a proposition statement in respect of his salary. It is pleaded in the writ application at this stage that the request of another Assistant Teacher, namely Awadh Bihari Pandey, for submission of his salary proposition statement was finally rejected. Against the same, the said Awadh Bihari Pandey had moved this Court in C.W.J.C. No. 5328 of 1998 and by order dated 13.8.1999 the same was dismissed as till then he was not trained and thus was not having the minimum qualification for appointment/absorption as Assistant Teacher. Against the same, he moved in appeal bearing L.P.A. No. 1250 of 1990 which was also dismissed by order dated 14.3.2000. The said orders are annexed as Apnexures-4, 5 and 5/A with the writ application.