RAMESHWAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application filed under Articles 226 and 227 of the Constitution of India. It is directed against the order as contained in letter No. 266 dated 6.11.1991 (Annexure-1) addressed to District Superintendent of Education issued under the signature of the Director, Primary Education, Government of Bihar (Respondent No. 2) by which he rejected the proposal of Respondent No. 2 for regularisation of the services of the Petitioner as also for the payment of salary to him for the grounds stated therein.

(2.) The facts of this case are in a very narrow compass. From the writ application it appears that the Petitioner was appointed as assistant teacher in Sri Kunwar Singh Madhaya Vidalaya, Buxer in January, 1979 by the Managing Committee of this school and he was working as such since then. The aforesaid school was founded in the year 1970 by the Managing Committee. In course of time the education authorities of Bhojpur district within which this school was located inspected it several times and it was found that the Petitioner was working as an assistant teacher in the said school on the dates of inspection. As a matter of fact Petitioner has joined his service on 22.1.1979. Annexure 2 shows that this school was taken over by the Government of Bihar in exercise of powers vested in it under Section 3(4) of the Bihar Non-Government Elementary Schools (Taking Over Management and Control) Act, 1976 (Bihar Act 30 of 1976) (hereinafter called the 'Act'). Along with taking over of the management of this school the services of the teachers working therein (except the services of the Petitioner) were also taken over by the Government and the teachers mentioned in Annexure 2 automatically came under the administrative control and jurisdiction of the State of Bihar.

(3.) The Petitioner came to learn that his services were not taken over by the State of Bihar even after taking over of the management of the school on the ground that he was appointed as assistant teacher in the month of January, 1979 and at that time he was un-trained. Having come to learn about it the Petitioner, represented before the authorities namely, Director Primary Education, District Superintendent of Education as also the District Development Commissioner, Bhojpur for approving his services. The Deputy Development Commissioner through his letter (Annexure 3) asked the District Superintendent of Education, Bhojpur to dispose of the representation of the Petitioner. On the receipt of Annexure 3 the District Superintendent of Education, Bhojpur directed the Area Education Officer, Bhojpur to inspect the school and to submit his report. The Area Education Officer, Buxer inspected the school and reported that the appointment of the Petitioner by the Managing Committee as an assistant teacher in the school was genuine and the Petitioner was working as such to the full satisfaction of all concerned. However, he pointed out that when this school was taken over by the State Government the services of the Petitioner could not be transferred to its control on two grounds, namely, (1) that he passed the matriculation examination in the year 1974 and (ii) that he was untrained. He further pointed out that there was no departmental order terminating the services of the Petitioner. This report is contained in Annexure 5. On the receipt of Annexure 5 the District Superintendent of Education wrote a letter dated 13.1.1991 (Annexure 6) addressed to Director, Primary Education, Government of Bihar in respect of the grievances of the Petitioner annexing the inspection report (Annexure 5) for necessary direction in the matter. The Director Primary Education, however, rejected the proposal as contained in Annexures 5 and 6, through the impugned letter dated 6.11.1991 (Annexure 1). It is against this order that the present writ application has been filed.