RAM BILAS PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under Article 226 of the Constitution has been filed by a retired Assistant Teacher of a Middle School challenging the order passed by the District Superintendent of Education, Sheikhpura, vide memo no.777 dated 30th August, 2010 as contained in annexure-6 to the present application whereby the respondent no.9 has rejected the prayer of the petitioner to count the period commencing from 16th October, 1973 to 31st March, 1975 during which he worked on monthly stipend as Matric Trained Science Teacher under Special Employment Scheme purely on temporary basis for the purpose of revision of pay scale, time bound promotion and revision of pension.

(2.) The petitioner was initially appointed as an Assistant Teacher in a Middle School, vide order as contained bearing memo no.2152(iii), Munger dated 3rd October, 1973 issued under the signature of the District Superintendent of Education, Munger. The said appointment was made on a monthly stipend of Rs. 150/- purely on temporary basis under the 5th Five Year Plan. The petitioner submitted his joining pursuant to the said employment on 16th October, 1973 in Uchch Prathmik Vidyalaya, Kaithwan, Circle - Kaithwan, District - Munger. Subsequently, with effect from 1st April, 1975 pursuant to a decision taken by the State Government, the petitioner and other similarly situated teachers were adjusted as Matric Trained Assistant Teacher in regular scale.

(3.) After attaining the age of superannuation, the petitioner retired from service with effect from 31st January, 2008 when he was discharging his duty at Middle School, Kare, Sheikhpura. Munger.