KAMDEO KUWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Suresh Gandhi for the petitioner, and Mr. Alok Kumar, learned junior counsel to Standing Counsel No. 1 for the respondents.

(2.) According to the writ petition, the petitioner had superannuated from the services of the Bihar Government with effect from 31.1.1996, while posted as Assistant Teacher, Middle School, Shiromani Tola, Parbatta south, Khagaria. The petitioner complains before this Court that the differential amount of salary for the period 1.1.1971 to 31.3.1973 deposited in the petitioner's provident fund account under a general policy decision of the State Government has not till date been paid. The respondents have placed on record their counter affidavit and have opposed the writ petition.

(3.) I have perused the materials on record and considered the submissions of learned counsel for the parties. It appears to me that the petitioner has joined the Primary School, Temtha, way back in 1954 as a school teacher. It was a privately managed school governed by its Managing Committee. In view of the provisions of the Bihar Non-Government Elementary Schools (Taking over of Control) Act 1976 (Bihar Act 30 of 1976) (hereinafter referred to as the 'Act'), the Elementary Schools managed by the District Board, Zila Parishad, the Municipal Board, and the Patna Municipal Corporation, and those opened under the Expansion and Improvement scheme shall be deemed to have been taken over by the State Government with effect from the 1st day of January, 1971 in terms of Section 3(1) of the Act. In view of the provisions of Sub-section (2) of Section 3 of the Act. Aided Elementary Schools, the Managing Committees of which have handed over voluntarily the control of the school to the Government, shall be taken over by the State Government with effect from the date which shall be determined by the District Committee referred to in Sub-section (4) for this purpose.