AWADH BIHARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since common questions of law and facts are involved in these writ applications, which were also directed to be heard together, they are being disposed of by this common judgment.

(2.) In C.W.J.C. No. 5844 of 1983, 325 petitioners of different Middle and taken over schools pray for quashing an order dated 22nd May, 1983 nassed by the District Magistrate, Sasram (Chapra) Respondent No. 4 as contained in Annexure-1, bearing Memo No. 518/Local Chapra dated 31st March 1983 By the said order, Respondent No. 4 decided that the payment of House Rent allowance to the teachers of any school, which is situate outside the Municipal Area of Chapra, as directed by the District Supreintendent Education, Chapra. (Respondent No. 2) and the District Education Officer, Chapra, Siwan (Respondent No. 3) is contrary to the Provisions of the Bihar State Employees (House Rent Allowance) Rules, 1980 and thus the payment of rent already made be deducted and that further payment be deferred till an order is received from the Government. In C W J C. No. 4777 of 1983, petitioners 1 to 8 teachers, 9 widow of a teacher, 10-a clerk and 11 and 12 peons of a taken over school pray for quashing the same order which is Annexure-5. In C W. J. C. No. 5690 of 1983, 37 petitioners of similarly taken over Schools pray the same order appended as Annexure-1.

(3.) Since in C.W.J.C. No. 5844 of 1983 facts with some details have been stated by the petitioner as also by the respondents thus the relevant facts are being taken from the records of that case.