PRAFULL CHANDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE is not much dispute involved in the present writ application.

(2.) I have heard at length Mr Tej Bahadur Singh, learned senior counsel appearing on behalf of the petitioner as well as Mr. Jai Shankar Barnwal, learned Government Advocate no.5 appearing on behalf of the respondent -State of Bihar.

(3.) CLAIMING that the petitioner was initially appointed as Assistant Teacher in Sangeet duly under a decision of the Managing Committee of Smt. Lalita Devi Project Girls High School, Darauli in the District of Siwan and an appointment letter to this effect was issued on 15.11.1985 pursuant to which he joined on 16.11.1985; the petitioner seeks a direction from this Court to regularize/absorb his services in terms of the decision of the State Government said to have been taken in May, 2005 issued vide memo no. 189P dated 28.5.2012. It is contended that by the said Government decision, services of 38 teachers appointed in Project High School by the Managing Committee in the year 1984 -85, were recognized. Out of these 38 teachers, 26 were in Home Science, 7 in Music, 4 in Commerce and one in Bengla. Referring to the said Annexure -3, specific case of the petitioner that his name was included in the Annexure attached to it which is the part of the Government decision communicated vide Memo No. 189P dated 28.5.2012 arrived at on the basis of the records. In the Report of three Men Committee it was found that petitioner s name was there in the Project report as per the staffing pattern sanctioned by the Cabinet, they were appointed prior to 1.1.1989, fulfilled the conditions of minimum and maximum age and possessed required educational qualification and training. It has been contended that the list enclosed with the said decision of the Cabinet contains only such names of teachers who fulfilled the conditions stipulated in paragraph 4 of the Cabinet decision issued vide memo no. 189P dated 28.5.2012.