KANT JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The three petitioners, who are assistant teachers, are before this Court with a prayer to direct the respondents to pay their salary with effect from 1.1.1991, when the State cabinet on 28.3.1991 (Annexure 1) approved the proposal of the Human Resources Development Department to take over High School in Lakhisarai district and to pay salaries etc to the teaching and non-teaching staff from the date they joined the school. 2. The short resume of the facts are that on 26.3.1991, the proposal in relation to the school, where the petitioners are imparting education, was included in the agenda and was placed before the cabinet in its meeting dated 28.3.1991. The cabinet was pleased to observe that a new High School be established in the area. The petitioners had already joined the services and were awaiting their regularisation/approval, of the services and were also awaiting payment of salary. The matter relating to approval of the services remained pending for long and as the salary was not paid to the petitioners, they moved this Court in CWJC No. 2213 of 1994. The said matter was finally disposed of an 31.7.1995. From the material available on the record, the Court observed that the school in question, Hasanpur High School, Lakhisarai was established in the year 1964-65. The permission to establish the school was granted in 1977. In 1991, the State Government took a policy decision to establish one secondary school in non-tribal urban area and in pursuance to that decision, the school in question (School at Hasanpur) was taken under the aforesaid scheme. The Court also observed that Annexure 1, to the said writ application provided that the Headmaster of the said school will be appointed by the State Government and services of the teaching and non-teaching staff shall be regularised or approved by the Director, Secondary Education, Bihar, after concurrence of the Bihar School Service Board and the order of the State Government. The said decision is also annexed hereto as part of Annexure 1 The Court also observed that as on the date of judgment, services of the petitioners were not regularised. In the earlier petition, it was contended by the respondents that the petitioners of the said cases were teaching and non-teaching staff of Hasanpur High School and it was also admitted in Court that the school was selected in the year 1991 under the scheme of establishment of new secondary school. The State earlier submitted that amounts were sanctioned for post creation, payment of salary, etc. It was also observed by the Court that the period of establishment of the school was extended upto 1993 but payment could not be made to the teaching and non-teaching staff because the Headmaster had not been appointed by the State Government and no order was passed approving services of the said petitioners after concurrence of the Bihar School Seva Board.

(3.) Considering totality of the circumstances and the submissions made in the earlier counter affidavit, though the Court observed that it was clear from the affidavit of the State Government that salary of staff would be paid after the approval, the Court disposed of the writ application directing the Director, Secondary Education, Bihar, Patna to send required papers in respect of the Assistant teachers of the school in question to the Bihar School Seva Board. The Bihar School Seva Board was required to take final decision in the matter and to communicate its decision within three weeks from the submission of required papers by the Director, Secondary Education and the Director Secondary Education was required thereafter to take a final decision in accordance with law.