RAM BALLABH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for issuance of a writ in the nature of certiorari for quashing the order as contained in letter dated 3.8.2002 (Annexure 14) whereby the order dated 30th of August, 1988, recognising the service of the petitioner as Primary School Teacher has been rescinded.

(2.) The case as a chequered history. According to the petitioner, his case for appointment as Assistant Teacher was considered by the Governing Body of Girls Primary School, Sihaul in its meeting held on 15.9.1970 and it resolved to appoint him as Assistant Teacher on the monthly emoluments of Rs. 46/-. Petitioner was to join the service by 26.9.1970. Petitioner's date of birth is 9.12.1953, meaning thereby that on the date he was to join the service, he was less than 17 years of age.

(3.) Girls Primary School, Sihaul (hereinafter referred to as the school) was taken over under the provisions of Non Government Elementary Schools (Taking over of Management and Control) Act, 1976. The Director of Primary Education by its letter dated 30th of August, 1988 (Annexure 2), recognised the service of the petitioner besides one Sada Nand Shah in the scale of pay of Matric untrained Teacher. However, while passing the aforesaid order, Director directed for examining as to whether the petitioner was appointed before 1.1.1971 and further to verify the certificate in regard to the educational qualification. The Director further observed to examine as to whether petitioner is in continuous service and students teachers ratio justifies his appointment. Making a grievance that the school in question has been taken over but the petitioner is not being paid the salary, petitioner along with other persons filed CWJC No. 13360 of 1992 (Udit Narayan Jha and Ors. v. The State of Bihar and Ors.) before this Court. This Court by order dated 29.7.1993 (Annexure 4) disposed of the writ application with the following direction: