RAGHUBIR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners were appointed as Teachers by the Block Development Officer under the provision of Bihar Teacher Niyojan Rules, 2006, which was subsequently amended in the year 2008. The order of appointment was issued on various dates in the year 2015 and they worked in various Schools from 2015 to 2019. On 16/9/2019, the District Programme Officer passed an order stating inter alia that the above Rules of 2006 and 2008 has since been amended by a new Recruitment Rules of 2012. In 2012 Rules, the mode of recruitment and the academic qualification of the candidates were changed. The Principal Secretary, Education Department, vide his Letter No. 465, dated 9 th July, 2012 directed the Districts to prepare a roster adding the number of vacant posts, wherein recruitment has not been made by the erstwhile Niyojan Board. It is also directed that the candidates, who did not get the opportunity in the year 2006 and 2008 would be inducted in 2012 and a roster would be prepared and on the basis of the roster appointment would be made. It is also directed that after the Elementary Teachers Recruitment Rules, 2012 coming into force, all recruitment, since 2015 would be governed by 2012 Rules. However, the Department inadvertently appointed Backward Class male candidates in place of Backward Class female candidates. Thus, the recruitment was bad in law and quashed.

(2.) It is submitted by the learned Advocates for the petitioners that the petitioners have challenged the aforesaid order dtd. 16/9/2019 (Annexure-2). In support of his contention, he refers to Annexure-5 series, which was issued by the Office of Block Development Officer, Amnaur, Saran for appointment of the petitioners in the Schools, on the basis of the Recruitment Rules of 2008.

(3.) It is further contended by the learned Senior Counsel on behalf of the petitioners that though they were appointed, they were not paid salary, which prompted them to institute a writ petition bearing C.W.J.C. No. 13444 of 2019. The said writ petition was disposed of with a direction to the District Programme Officer (Establishment), Saran at Chapra to examine the record as to legality and validity of appointment and also the fact that the petitioners are actually working. If on verification of record, it is found that the petitioners have been legally and validly appointed and they have worked, the respondents- District Programme Officer (Establishment) is under obligation to pay entire payment of salary-arrears as well as current to the petitioners. The said order was passed on 5/7/2019. However, the said order was not complied with by the concerned respondents.