SURENDARKUMARSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed by petitioner for directing to the respondents to recognise the services of the petitioner as on assistant teacher in Sardar Ballabh Bhai Patel High School, Chota Govindpur, in the district of Singhbhum (hereinafter to be referred to as the school) and to given him all consequential benefits like that of salary etc.

(2.) The facts as set out by the petitioner in the writ application may briefly be stated first. The school was established in the year 1971 as a Middle School. Subsequently pursuant to the permission dated 27-12-1983 granted by the Committee constituted by the Government for this purpose, the school was given permission for establishing itself as a high school. The petitioner, who was having qualification of B.Sc. has been appointed as assistant teacher in the school with effect from 27-8-1980 by the Managing Committee of the school.

(3.) Pursuant to a letter dated 2-8-1982 of the Respondent-Director, Secondary Education, a special Board was constituted to test the feasibility for grant of permanent recognition to the school, which submitted its report dated 7-12-1982. Thereafter the school was recognised and simultaneously taken over on 26-12-1983, Jn the said report the name of the petitioner was shown at serial No. II. It has been seated in the said report that, as intimated, the petitioner had gone for completing his B.Sc. course. The petitioner has filed a letter dated 8-6-1985 (Annexure-2) written by the District Education Officer to the Respondent-Director that the petitioner had passed his B Sc. examination in 1984. Admittedly, since at the time of taking over, the petitioner was not a trained teacher, therefore, bis services were not taken over by the State Government.