SHYAMDEO PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two petitioners are Assistant Teachers in Ram Chandra Sanskrit High School, Simri, District ­ Buxar.

(2.) BY this writ application, they have sought the quashing of letter dated 29.01.1999 passed by Special Director (Secondary Education), Bihar addressed to the Chairman/Secretary, Bihar Sanskrit Shiksha Board, Patna. By this letter, Government has directed for cancelling the primary units of 41 Sanskrit schools and in the list of 41 schools, petitioners' school figures at serial number 31 in relation to the two petitioners.

(3.) BY supplementary affidavit, petitioners have also brought on record the letter of the State Government as contained in Memo No 625 dated 03.07.1999 written by the Special Director (Secondary Education), Bihar, Patna wherein it has been stated with reference to impugned Annexure 8 that the name of petitioners' school was wrongly mentioned in the list. On basis of the aforesaid, learned counsel for the petitioners submits that the very basis for disentitling the petitioners from payment being impugned Annexure 8 stands nullified. He further submits that in view of the judgment of this Court in the case of Deo Shankar Jha & Others ­Versus- The State of Bihar & Others since reported in 2010 (4) PLJR 346, the communication as contained in Annexure A to the counter affidavit being Memo No 1056 dated 21.12.1995 has already been declared to be a dead letter by this Court and in that view of the matter, the two grounds taken in the counter affidavit to deny payments to the petitioners cannot be sustained.