BHARTI SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Petitioner claims herself to be an Assistant Teacher in Home Science working in Shri Ram Swarup Singh Project Girls High School, Barheya, Barauli in the district of Gopalganj. Since then she has retired on 30.06.2014. When the writ application was filed, the prayer of the petitioner was limited to quashing of Annexure-11, dated 05.03.2014, which was a show-cause issued to her by the Director, Secondary Education, Government of Bihar as to why recognition granted to her earlier as a Home Science teacher in the said project school be not cancelled. However, during the pendency of this proceeding, a final order has been passed against the petitioner cancelling the recognition which is now being challenged in I.A. No.7222/2015 as Annexure-15, dated 06.06.2015.

(2.) As per the averments made in the writ application, petitioner was appointed as an Assistant Teacher in what is known as Sri Ram Swarup Singh Project Girls High School in terms of Annexure-1, dated 21.11.1983 by the Managing Committee and she has been working continuously since then. It is her case that as per the staffing pattern, 9 posts of teachers were sanctioned excluding that of the Headmaster. These sanctioned posts, however, were with regard to the first phase of project schools established in the year 1981-82 as well as the third phase, i.e., 1988-89. She belongs to the second phase of project schools i.e. the year 1984-85. There was some problem with regard to recognition of services of the teaching and non-teaching employees of such project schools established in the second phase. Litigations started. One Ravindra Kumar who was working as an Assistant Teacher in the same school filed a writ application seeking recognition of his service and payment of salary in which the petitioner intervened but her claim was rejected on the ground that in the second phase of project schools, only 5 sanctioned posts including that of the Headmaster was sanctioned and those posts are already full and occupied.

(3.) The matter relating to recognition of service of the second phase was agitated by the Sikshak Sangh of the project schools which was taken up at the level of a Full Bench and decided with certain directive. The judgment of the Full Bench is (Project Uchcha Vidyalaya Shikshak Sangh v. State (F.B.), 2000 1 PLJR 287).