LAWS(PAT)-1996-2-36

RABINDRA SINGH Vs. STATE OF BIHAR

Decided On February 14, 1996
RABINDRA SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) IN this matter the writ petitioner prays for issuance of a writ of mandamus for a direction upon the respondents to pay the salary of the petitioner which is due from 18th December, 1989. The further prater made by the petitioner for setting an enquiry by a high official or by an appropriate authority to detect the interpolation made in the draft for payment order vide order dated 20th March, 1983 is not pressed at the time of hearing of this writ petition.

(2.) THE petitioner's case is that he obtained Master degree in Arts and was appiointed an Assistant Teacher on 15th march, 1981 in the Sharda Sanskrit Prath-mik-Sah-Madhyamik Vidyalaya, Afaur, District Saran (hereinafter referred to as the said School ). Further case of the petitioner is that he is still working in the said school. Further case of the petitioner is that prior to 1983, the said school was named as Sharda sanskrit Vidyalaya and the education was being imparted in the said School upto middle standard but since 5th March, 1983 the said School was recognised as High school and was named as Sharda Sanskrit prathmjk-Sah-Madhyamik Vidyalaya, Affaur, saran. "further case of the petitioner is that after appointment, the managing committe of the said school sent the name of the petitioner for approval by its resolution No. 4 dated 25. 3. 1984 along with other teachers.

(3.) DRAWING the attention of this court to annexure-2 learned counsel for the petitioner submitted that the Bihar Sansknit shiksha Board (hereinafter referred to as the said Board) granted permanent approval to the appointment of the petitioner vide its order dated 16lh April, 1934 (Annexure-2 ). The said order shows that the petitioner has been given approval by the said Board to his appointment against Asnatak Pad. Since the said approval the petitioner was being paid his salary as an assistant teacher in the said School till 17th december, 1989. Further case of the petitioner is that pursuant to the promulgation of the ordinance bearing Ordinance no. 21 of 1993, the payment of salary of the petitioner along with others were heid up in view of the provisions contained in the said Ordinance. The said school is also one of the 429 schools which wene governed by the Ordinance at the relevamt point of time.