REETA KUMARI PRASAD DAUGHTER OF KAMTA PRASAD W/O SHIV BACCHAN PAL Vs. STATE OF BIHAR, DIRECTOR PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT AND ORS

JUDGEMENT

(1.) Heard the parties and perused the writ petition and the counter affidavit.

(2.) The petitioner has come to this Court claiming payment of salary for the period 13.09.1994 to 10.02.1997 as a trained Assistant Teacher. The facts are not in dispute. Pursuant to advertisement issued on 09.05.1991, for appointments of Assistant Teachers for which there were about 25000 posts available, petitioner applied. Petitioner sat in the preliminary test as held by the Bihar Public Service Commission on 09.09.1993. The main examination was held on 29.05.1994, which the petitioner cleared. Thereafter, on recommendation of Bihar Public Service Commission petitioner s appointment letter was issued on 30.08.1994. Accordingly, petitioner was posted and he joined on 13.09.1994 and started discharging his duties at the Primary School, Kewra, Poonpoon.

(3.) It appears that on 21.10.1994 petitioner was informed that the he was restrained from marking attendance and it was also told that the recommendation of the Bihar Public Service Commission in favour of the petitioner stood withdrawn. Accordingly, petitioner was stopped from performing her duties and was virtually treated as retrenched. Petitioner was formally communicated the order on 07.02.1995. Petitioner thereafter filed writ petition being C.W.J.C. No. 2574 of 1995 for setting aside the stay orders. The writ petition was heard and disposed of on 3rd May, 1996. The order of this Court is Annexure-4. This Court clearly held that in similar cases earlier Court had held awarding marks for training to B.Ed. and M.Ed. students was rightly done by Bihar Public Service Commission, it had wrongly been withdrawn and appointments cancelled. Accordingly, Court directed the B.P.S.C. to reconsider the matter by awarding marks and if petitioner re-qualifies reappoint her. Consequently, petitioner was permitted to join on 24.02.1997. Neither these facts nor these dates are in dispute.