SATISH KUMAR SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel for the State.

(2.) PETITIONER was appointed as an Assistant Teacher in a Government High School, on 16.5.1988. According to the petitioner, in terms of Government Circular dated 14th July, 1977 the petitioner was made to sign and submit the required declaration that he had only one issue at that time on 16.5.1988 which was forwarded under the signature of the Head Master dated 17.5.1988. Thereafter the petitioner was blessed with another child and in December, 1993 his wife underwent surgical operation for effecting Family Planning. Petitioner has claimed that along with an 8h8taffidavit dated 2.3.94 (Annexure -4) petitioner submitted application on 2.3.94 claiming one extra increment in his salary on account of Governments Policy decision vide aforesaid Circular dated 14th July, 1977.

(3.) ON going through the declaration contained in Annexure -7 this Court finds that petitioner had furnished all the relevant details as required by the Circular dated 14.7.1977. The counter affidavit does not dispute the genuineness of Annexure -7. Hence, this Court finds that the petitioners case was not required to be referred to Personnel and Administrative Reforms Department for relaxation. Even subsequently the Head Master of the concerned School appears to have confirmed the petitioners declaration on 17.8.85. That letter has been annexed as part of Annexure -7.