RAM NARESH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the 16 writ applications were heard together as the petitioners are teaching and/or non -teaching staff of project schools which were taken over and subsequently services of those teachers and non -teaching staff regularised, now were being terminated or already terminated.

(2.) CONTENTION on behalf of the petitioners is that a decision was taken to terminate the services of all teaching staff in all such project schools though the non - teaching staff have been allowed to continue. The consequential orders in some of the cases have now been passed which according to learned counsel for the petitioners have not been passed though in the order of Director, Secondary Education, Bihar which have been appended a decision regarding removal of all of them have been taken.

(3.) FURTHER reliance has been made on a letter no. 405 dated 19 July, 1986 sent by the Secretary, Education Department, Bihar to the Director, Secondary Education, Bihar, Patna regarding payment of salary to the teachers of project schools which were opened in view of policy decisions in 1981 -82. The said letter gave in detail as what amount would be paid to the teachers appointed on the recommendation of the Divisional Establishment Committee by the District Education Officer and also regarding the teachers appointed by the managing committee who were trained teachers and the untrained teachers in the reserve category. The same was followed by a wireless message vide memo no. 208/C/Edn. dated 14 April, 1987. The same is quoted hereinbelow: "Reference Education Departments circular no. 405 dated 19th July, 1986. regarding granting of regular scale of pay to untrained teachers appointed in project schools by managing committees with effect from 1 April, 1986(.) It is further clarified with the approval of the State Government now that there will be no restriction of giving this benefit of regular pay scale to such teachers irrespective of whether they belong to schedule castes or schedule tribes or are female teachers (.) All teachers who are appointed by managing committees in project schools started in 1981 -82 in the State including the sub -plan area will now be entitled to the benefit of regular pay scale without any restriction (.) Please ensure payment according to the given scale to all such teachers with effect from 1 April, 86 who have so far been denied of the benefit of regular pay (.) Chief Minister desires that the payment should be released immediately (.) Necessary Additional Funds may be asked for if required so that the same can be sanctioned expeditiously (.) All Regional Deputy Directors are directed to issue clear instructions to the respective District Education Officer for such payments out of available funds within one week at the latest (.) Regional Development Commissioner Ranchi is requested to kindly release funds to all districts in sub -plan area forthwith before the visit of the Chief Minister (.) Matter most urgent (.)