SHYAM KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) By these writ petitions, petitioners, who were Assistant Teachers in taken over schools, have sought retiral benefits like pension etc. for themselves. In my view, the question has already been decided by this Court after reviewing various judgments being C.W.J. No. 1046 of 2006 (Smt. Asha Sharma v. The State of Bihar & Ors.) disposed of on 28.03.2011.

(2.) There is no dispute that the petitioners were duly appointed Assistant Teachers. Very briefly stated, there are three stages relevant in the present case. First, whenever any private school had to be established, it was required to take permission of the State Government. Permission having been granted, the school was supposed to set up the infrastructure and before it could start teaching, it had to be recognized by the State Government. It so happened that large number of schools were set up, i.e., were permitted to be established and consequently recognized by the State Government. Then, problem arose. They were unable to bear financial burden. Progressively, State started subsidizing these schools. They were made virtually deficit grant institutions. With time, rapidly the proportion of deficit grant increased which ultimately led to the State in taking a decision of taking over the schools totally. Once this was done in various phases, the teachers became Government teachers.

(3.) The question repeatedly arose before the Government as to from what time, Government would recognize their services. The Government all along took a conscious decision that their services would be recognized from the date of grant of permission to establish as it is consequent to that that teachers were recruited and ultimately recognition granted and schools taken over. It is in light of these facts that two Division Bench judgments of this Court in the case of Smt. Bharti Ojha v. The State of Bihar & Ors. and Deorlaj Sharma v. State of Bihar & Ors.,, 2004 3 PLJR 683 the later being since have held that for the purposes of retirement benefit, their services would be counted from the date they joined the schools, may be earlier to the date of take over or recognition so long as they joined after permission to establish. Then there are two recent judgments on the similar issue being Shyam Kishore Singh v. The State of Bihar & Ors., 2007 2 PLJR 239and in the case of Gopal Jha v. The State of Bihar & Ors. since, 2009 4 PLJR 396. Thus, we have consistently four Division Bench judgments holding that their entire service tenure would be taken into account once the school was taken over for grant of pensionary benefits.