(1.) The petitioner has filed this writ petition for direction on the respondent to pay salary in favour of the petitioner with effect from 16th August, 1982, i.e. from the date, the school, in question, was granted permanent recognition and was taken over by the respondents-State.
(2.) The brief facts of the case show that one Ram Pyari Balika High School, Darihat in the district of Rohtas, was a private school under a managing Committee. The petitioner was appointed in the said school as an Assistant Teacher on 25th May, 1978. His qualification was B.Sc. but he was not trained. The school was granted permission to establish on 8th December, 1978, and after necessary inspection, was taken over with effect from 16th August, 1982. At the time of take over of the school, lists of teaching and non-teaching employees of the school were sent to the respondents. However, no approval was granted in favour of the petitioner and some other laches for take over of their services. In this background, the petitioner had to move before this Court in a writ petition, C.W.J.C. No. 944 of 1985 with prayer for such approval/take over of his service. The said writ petition was disposed of on 7th October, 1994 by directing the respondents to consider the case of the petitioner for such approval of his service. It is only thereafter the respondents came out with the order, contained in letter No. 923 dated 28th November, 1994, by which the service of the petitioner was approved by the respondents-State. The petitioner has been paid salary with effect from 28th November, 1994 and not from the date of take over of the school. Hence the present writ petition.
(3.) A counter-affidavit has been filed on behalf of the respondents. In their counter affidavit, it has been stated that it is because of direction of this Court, the service of the petitioner was approved by the letter dated 28th November, 1994, so the question of payment of salary from the date of take over (16-8-1982) does not arise. The Counsel for the respondent- State further submits that the petitioner was not a trained teacher on the date of take over of the school (16th August, 1982).