UPENDRA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has approached this Court for issuance of an appropriate writ or direction commanding the respondents, particularly respondents No. 2, 3 and 4 to grant him the pay scale of I. A. trained teacher on and from the date of taking over of Shri Rajbanshi Mishra Middle School, Jadupatti (hereinafter referred to as the 'School') under the provisions of the Bihar Non-Government Elementary Schools (Taking over of Control) Act, 1976 (hereinafter referred to as the 'Act').

(2.) The undisputed facts of this case is that the petitioner, was appointed in Rajbanshi Mishra Middle School by the Managing Committee of the School on 24-9-1978 and while he was working in the said school, the School was taken over by the Government under the provisions of the Act with effect from 4-4-1981 and that after taking over of the School, by the order dated 4-4-198( (Annexure 1), the petitioner was granted matric trained pay scale which he has been paid since then,

(3.) The petitioner's case is that while working in the School, he being I. A. trained, of the Managing Committee granted him the scale of I A trained teacher on and from 1-7-1980 and he had been paid his salary in the pay scale of I A. trained teacher from 1-7-1980 till the School was taken over by the Government As such, under the provisions of sub-section (2) of Section 4 of che Act, he is entitled to get his pay scale of I. A. trained teacher on and from the date of taking over of the School The petitioner made a representation to respondents No. 3 and 4 for rectification of the anomaly and granting him the pay scale of I A trained teacher from the data of taking over of the School to which he is entitled under the provisions of sub-section (2) of Section 4 of the Act the petitioner's further case is that the representation was recommenned by the then Assistant Regional Officer, Pupri (Sitamarhi) by his letter No. 34 dated 2-2-1982 and thereafter by the District Education Superintendent, Sitamrrhi by hit letter No. 341 dated 13-5-1982, copies of which are annexed to this petition and are marked as Annexures 4 and 5 respectively, in those letters while recommending the petitioner's case the Assistant Regional Officer, Pupri as well as the Distr'ct Education Superintendent. Sitamarhi intimated that the petitioner had been getting the pay scale of 1. A. (rained teacher from the Managing Committee of the School with effect from 1-7-1980. Finding no response from respondents No. 3 and 4 inspite of recommendations by the competent authorities, the petitioner has approached this Court in this writ petition.