ARVIND KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Respondent-State of Bihar. This writ application has been filed seeking direction to the Respondents to approve the services of the petitioner as Assistant Teacher in Project Girls High School, Bakhtiyarpur, Patna and to pay him the arrears of salary as well as current salary with effect from date of selection/taking over of the school under Project Scheme by the State Government or at least with effect from 1.1.1989 from which date other similarly circumstanced teachers have been paid their salaries.

(2.) In view of the pendency of Civil Appeals before Supreme Court involving similar issue, by order dated 8.7.2005 passed in this case, this matter was ordered to be placed after disposal of Civil Appeal Nos. 6626-6675 of 2001 by Supreme Court. It has accordingly been placed after disposal of Civil Appeals Nos. 6626-6675 of 2001, the judgment of which is State of Bihar v. Project Uchcha Vidyalaya Sikshak Sangh & Ors, 2006 1 PLJR(SC) 483.

(3.) Learned counsel for the petitioner submits that in terms of the judgment of Supreme Court in case of State of Bihar v. Project Uchcha Vidyalaya Sikshak Sangh & Ors. , the Human Resources Development Department, Government of Bihar, has issued office order recognizing the appointment of petitioner as Assistant Teacher in Project School. He submits that as per Clause 2 of the said office order, payment of arrears of salary was subject to an enquiry to be conducted in this regard to the effect as to whether such persons were working continuously for the said period. The said office order was issued on 24.6.2008. He also submits that subsequently on 29.6.2010, the Collector after due enquiry has found that the petitioner had been working.