LALDEO PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners were matriculate untrained teachers in a private school duly appointed by the Governing Body. They had been appointed on 13.06.1970 and their appointment had been approved by the Director Primary Education on 22.08.1980. After the take over of the School, as salary was not being paid to the petitioners, petitioners approached this Court in C.W.J.C. No.8907 of 1992, which was disposed of by order dated 29.01.1993 with a direction to the respondent-Director, Primary Education to pass necessary orders. The Director instead of himself passing the order referred the matter to the State, who after considering the facts, even though, noticed that the appointment was made as untrained matriculate teacher prior to 01.01.1977, permitted payment of salary with effect from 27.03.1995 i.e. the date when the letter was issued. Petitioners' grievance is that they are entitled to payment of salary from 22.08.1980, the day their services were approved by the State, up to 26.03.1995.

(2.) A counter affidavit has been filed where there is no controversy of facts, all that is said is that salary would be payable from the day it is ordered to be paid without any justification as to why it would be paid with effect from 27.03.1995 and not prior to that, even though it is not denied that the petitioners' services were duly approved by the Director, Primary Education on 22.08.1980.

(3.) Learned counsel for the petitioners has placed reliance in the case of Sheo Ram Chaudhary Vs. State of Bihar,2000 2 PLJR 208. Having perused the judgment, in my view, the judgment fully applies to the facts of the present case. The case there was also identical. There also the letter of the State clearly stated that payment of salary would be made from the date the order was being passed. This Court disapproved the said stand and held that the salary would be paid if appointment was approved by the State. Thus, the decision on all fours applicable to the petitioners.