TARKESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application has been filed by the petitioners seeking a review of the judgment and order passed on 6-7-1987 in C.W.J.C. No. 4559 of 1982.

(2.) There are three petitioners in the present case. They had failed the above referred writ application claiming therein that since they were acting as teachers on the date of take over of their school, their services got automatically transferred to the State Government as per provisions of Section 4 (2) of the Bihar None-Government Elementary Schools (Taking over of Control) Act, 1976 (Act 30 of 1976) (hereinafter to be referred to as 'the Act'). The grievance of the petitioners was that the Respondent-State and its Officers had illegally denied the said legal right to the petitioners by terminating their services from the date of take over of the school in question and prayer was for a declaration that their services food transferred to the Government and they are entitled to all the benefits and salary etc. as provided under Section 4 (2) of the Act.

(3.) A Bench of this Court after hearing the counsel of the petitioners, at length, on the facts as asserted in the writ application and, on close examination of the statutory provisions and relevant case laws, dismissed the writ application by holding that :