STATE OF BIHAR Vs. ASHA SHARMA

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent is preferred by the respondent State of Bihar against the judgment and order dated 28th March, 2011 passed by the learned Single Judge in CWJC No. 1046 of 2006. The matter at issue is the right to receive pension by the teachers in Non-Government Grand-in-aid Schools taken over by the State Government under the Bihar Non-Government Secondary Schools (Taking Over of Control and Management) Act, 1981 (hereinafter referred to as "the Act of 1981"). Reliance is placed on the Bihar Nationalized Secondary Schools (Service Conditions) Rules, 1983; particularly Rule 8 thereof, (hereinafter referred to as "the Rules of 1983").

(2.) The learned Single Judge has, considering the above referred Act of 1981 and the Rules of 1983 and the judgment of this Court in the matter of Shyam Kishore Singh vs. The State of Bihar & Ors, 2007 2 PLJR 239, held, "...the service of the petitioner has to be counted from the date of establishment of the school for the purposes of retirement benefit....." It is the aforesaid direction which is the subject matter of challenge before us.

(3.) Learned advocate Md. Anis Akhtar has appeared for the appellant State of Bihar. He has vehemently submitted that the Act of 1981 and the Rules of 1983 envisage the date of recognition of the school and not the date of establishment of the school. In the submission of Md. Anis Akhtar, the date on which the school had been recognized would be relevant for counting pensionable service and not the date of establishment. He has relied upon the Division Bench judgment of this Court in the matter of Madho Sharma vs. The State of Bihar & Ors. (CWJC No. 15725 of 2010, decided on 5th July, 2013). In the said judgment, the Division Bench of this Court has held, "We therefore hold that the service of the petitioner as a Government Teacher is to be calculated from the date of recognition i.e. 5.8.1977." The reliance is placed on Rule 58 of the Bihar Pension Rules. Md. Anis Akhtar has, in the present Appeal, brought to our notice the Government Circulars dated 29th November, 1978 and 30th August, 1980.