MINORITY SECONDARY TEACHERS ASSOCIATION Vs. STATE OF BIHAR

JUDGEMENT

(1.) A supplementary counter affidavit duly sworn by the Principal Secretary, Department of Human Resources Development has been filed. It says nothing new. It merely reproduces Annexure-6 as Annexure-A. It then states that when the State Government decided to grant interim relief by its Resolution dated 7.8.1998, there was no specific mention of Teachers of Government aided minority institutions. Thus, when State decided to grant interim relief pending pay revision to Government employees and Teachers from April 1994, the Teachers of Government aided minority institutions would not get the same. With reference to Annexure-A to the supplementary counter affidavit, which is Annexure-6 to the writ petition, it is stated that that Resolution of the Government dated 8.11.1990 does not sanction payment of teaching allowance to the Teachers of Government aided minority institution and, as such, payment on these accounts were wrongly made to the Teachers of the petitioners' institution which is a recognised minority institution receiving Government aid. By the impugned order, as contained in Annexure-1, it is rightly sought to be recovered.

(2.) As pleadings are complete, with consent of parties, the writ petition has been heard for final disposal at this stage itself.

(3.) Petitioner No 1 is a registered and recognised Association of Minority Secondary Teachers' Association. Petitioners No 2 to 7 are Headmistress/Headmasters of various Government aided recognised minority schools. Their grievance is primarily against Annexure-1, the letter of the Director, Secondary Education dated 24.9.2004 wherein he has stated that the State Government by its letter dated 8.11.1990 (Annexure-6 to the writ petition and Annexure-A to the supplementary counter affidavit) did not allow payment of interim relief or teaching allowance to the Teachers of Government aided minority educational institutions and, as such, the schools are directed to recover the same and account for it. Accordingly, payments of the aforesaid amount were stopped and recoveries being made. At one stage, it' was stated that till proper enquiries are not conducted, the Teachers, like the petitioners of the Government aided minority schools, would not be paid the aforesaid amounts.