BAIDYA NATH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Devendra Kumar Sinha, learned Senior Counsel for the petitioner and learned counsel for the State.

(2.) The prayer of the petitioner in this writ application reads as follows:-

(3.) Mr. Sinha, learned Senior Counsel for the petitioner in support of the aforementioned prayer while assailing the order passed by the Director, Primary Education dated 5th July, 2001 (Annexure-6) would submit that once this fact is beyond controversy that the petitioner was initially appointed on 9.12.1970 in Balika Adarsh Middle School, Gola Bazar Road, Samastipur and though he was continuing on the date on which the school was taken over by the State Government on 9th January, 1981 in terms of the Bihar Non-Government Elementary Schools (Taking Over of Control) Act, 1976 (hereinafter referred to as 'the Act'), the petitioner will be deemed to have become the Government servant in terms of Section 4 of the aforesaid Act. He would, therefore submit that when there are evidence to show that the District Superintendent of Education in the year 1984 had passed order recognizing the service of the petitioner in the school and he had worked on the strength of the same as also could draw salary for the certain period, the logical outcome ought to have been to treat the petitioner's services to have already taken over by the State. Alternatively, it has been submitted that those orders of District Superintendent of Education, Samastipur passed in the year 1984 onwards or payment of salary made to the petitioner can be treated to be the order of take over of the service of the petitioner and this Court should accordingly quash the impugned order passed by the Director, Primary Education and issue direction for continuance and payment of salary to the petitioner.