LAWS(PAT)-2013-1-5

RAM SUMER KUMAR Vs. STATE OF BIHAR

Decided On January 07, 2013
Ram Sumer Kumar Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) ASSISTANT Teachers in Kashyap Gangadayal Sanskrit High School, Pandey Chawani, Sikaria, district ­ Bhojpur.

(2.) IN CWJC No 9620 of 2001, the two petitioners are Assistant Teachers in M K P Sanskrit Primary ­cum- Middle School, Kataibozh, district ­ Bhojpur.

(3.) THE said schools were receiving grant-in-aid from the Government through the Sanskrit Shiksha Board. In 1989, pursuant to an Ordinance issued by the State Government, these two schools were also taken over by the Government. In the Ordinance, a Manak Mandal was provided for staffing pattern. It was, inter alia, provided that Teachers, as per the Manak Mandal, would be treated as Government Teachers and paid accordingly. The petitioners had earlier been recruited on posts sanctioned by the Government but apparently fell outside the Manak Mandal. The Ordinance was then subsequently reenacted but then allowed to lapse without being made into an Act. Vide Memo No 1056 dated 21.12.1995, the State Government issued a letter that when Ordinances were promulgated and Manak Mandal settled then all other posts, which had earlier been sanctioned, automatically were cancelled.