GAURI KANT PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) S. P. Singh, J. In the instant writ application, the petitioner is aggrieved by order dated 25.03.1994, issued by the Additional Secretary, Department of Primary, Middle and Mass Education, Government of Bihar, Patna addressed to Chairman / Secretary, Bihar Sanskrit Shiksha Board, communicating the decision of the Government cancelling payment order issued by Department's letter no. 1175, dated 11.11.1992, for the post of science teacher as the same was not sanctioned under MANAK MANDAL attached with the Ordinance no. 32/1989.

(2.) THE facts of the case in short is as follows: The Government vide its order no. 340, dated 20.03.1970, decided to impart Science Education in 34 Sanskrit Schools. The Additional Director (Sanskrit), Bihar Government, vide his letter no. 1258, dated 15.06.1970, addressed to Secretary of non-government recognized Sanskrit High School, communicated Government's decision dated 20.03.1970 fixing pay scale of Rs. 115-170 for payment to science teachers. The Secretary, Bihar Sanskrit Shiksha Parishad, vide its letter no. 3/601, dated 24.03.1971, informed the Secretary of Sanskrit Uchcha Vidyala, Madhubani (hereinafter referred to as 'the School'), that the school has been selected as one of the 34 schools for imparting science teaching and due fund would be released for purchase of necessary equipments. A copy of letter dated 24.03.1971 is annexed as Annexure-3 to this application. It is relevant to state here that Bihar Sanskrit Shiksha Board, also known as Bihar Sanskrit Shiksha Parishad, was constituted vide State Government Resolution no. 322, dated 24.01.1961, in terms of the provisions of Kameshwar Singh Darbhanga Sanskrit Act (no. 06 of 1960). The Parishad controlled Sanskrit Education up to Madhyama standard but the examinations were conducted by the University. The legislature enacted Kameshwar Singh Darbhanga University Act 1962, wherein the Sansrkit Shiksha Parishad was defined in the same terms as defined in the earlier Act. The petitioner was selected and appointed as Science Teacher by the Managing Committee of the school after following due procedure including issuance of advertisement etc. The appointment was approved by the then competent authority, namely, Sanskrit Shiksha Parishad, Bihar, vide Memo no.3366 dated 13.10.1973, contained in Annexure-5. The Government from time to time released fund for payment of salary to the science teachers and also for meeting ancillary expenses involved in science education.

(3.) WE have heard the learned counsel for the parties and perused the materials on record. It would appear that the Government sanctioned one post of Science Teacher in each of the selected 34 Sanskrit schools for imparting science education, vide order no. 340 dated 20.03.1970, and letter no. 1258, dated 15.06.1970. The petitioner's school was selected as one of the Sanskrit Schools for imparting science teaching. The petitioner was selected and appointed as science teacher by the Managing Committee and his appointment was duly approved by Sanskrit Shiksha Parishad, Bihar, vide Memo No.3366 dated 13.10.1973. The staffing pattern as contained in Education Department resolution no. 572, dated 29.06.1981, also provided for a science post in schools selected for imparting science teaching. The Apex Court in Civil Appeal No.3533-3595/94, vide interim orders dated 09.01.1995 and 26.04.1996, observed that teaching and non-teaching staff working within sanctioned posts would be entitled to receive their salary at the rate applicable on 17.12.989. The Ordinance no. 32/1989 did not show post of science teacher within its Manak Mandal. The Ordinance did not long last and it lapsed on 01.05.1992. The natural corollary of lapse of Ordinance would be that the Schools which were taken over, would revert to its original status of non-government recognized Sanskrit High School. In pre- ordinance period, the post of science teacher was duly sanctioned and the staffing pattern contained in Resolution no. 572, dated 29.06.1981, of Education Department also provided for a post of science teacher. After lapse of Ordinance, the petitioner would be deemed to be working against sanctioned post of science teacher.