HARISHANKAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Rajendra Prasad Singh, learned Senior Counsel appearing on behalf of the Petitioner, Sri Prabhakar Tekriwal, learned Counsel appearing on behalf of the State and Sri L.P. Rajgriha, learned counsel appearing on behalf Accountant General, Bihar.

(2.) The Petitioner, who retired from B.N.S. High School, Koreyor, Gopalganj as Assistant Teacher with effect from 31.7.2004, has prayed for issuance of appropriate writ, a prayer to quash Memo No. Pen-5-1023 dated 8.9.2005 issued by the Senior Account Officer, Accountant General (A&E), Bihar, Patna (Annexure-1). By the said order, the Petitioner's pension has been re-fixed, while calculating his service from 16.3.1977 instead of 13.7.1964. The Petitioner has further prayed for quashing of an follow up order contained in Memo No. 863 dated 3.11.2005 issued by the District Education Officer, Gopalganj (Annexure-1 A), whereby a direction has been issued to adjust Rs. 97,605/- from the retiral benefits of the Petitioner on account of excess payment made to the Petitioner while granting pension and gratuity. The Petitioner has also prayed to direct the Respondents to treat continuity of his service with effect from 13.7.1964 instead of 16.3.1977.

(3.) Sri Rajendra Prasad Singh, learned Senior Counsel for the Petitioner, while referring to the pleadings of the writ petition, submits that the Petitioner was initially appointed as Assistant Teacher in Mahendra High School, Ziradai , Siwan on 13.7.1964 by the Managing Committee of the School. However, subsequently, on certain charges, the Petitioner was terminated from service with effect from 16.7.1969 by the Managing Committee of the School. Thereafter, he preferred an appeal against the order of termination before the Secretary, Bihar Secondary Education Board, which was allowed by the appellate authority on 12.3.1977. The appellate authority quashed the termination order by way of accepting the report of the Regional Dy. Director of Education. Sri Singh, learned Senior Counsel for the Petitioner submits that the Regional Dy. Director of Education had found the allegations as trivial in nature and punishment as excessive. It was further found that the order of termination was not in accordance with law. Accordingly, the appellate authority quashed the order of termination allowed the appeal and the Petitioner was ordered to be reinstated with effect from the date of his joining. It was further directed that the Petitioner would not be entitled to get any arrears of salary and he will not be entitled to get any increment till the District Education Officer receives report regarding his satisfactory service. It was also ordered that the Petitioner would be kept on vigilance for about one year to see as to whether he discharges his duty satisfactorily or not. The said order has been brought on record as Annexure-2 to the petition. Learned Senior Counsel for the Petitioner further submits that subsequently vide letter No. 19 dated 7.8.1977, the Managing Committee of the School had treated the period i.e. 16.7.1969 to 15.3.1997 as leave without pay and the Petitioner's service was regularized by the Managing Committee of the School. Thereafter, the Petitioner was given trained scale since 9.6.1980. The School in question was subsequently taken over on 2.10.1980 and the Petitioner functioned in the School continuously till the date of his superannuation. It was further submitted that the Petitioner was given first time bound promotion on 1.4.1986 with effect from 1.4.1981 treating his service with effect from 13.7.1964 and he was also granted Super Selection Grade in the year 1994. On 1.1.1996, his pay scale was re-fixed in the Scale of Rs. 7500-12,000/- by the approval of the Finance Department.