DHIRENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THERE are two petitioners in the present writ application. Petitioner no. 1 Dhirendra Kumar Singh is an Assistant and petitioner no. 2, Ashok Kumar Singh is an orderly. Both of them are working in Bhagwati Ganesh Sanskrit Madhyamik Vidyalaya, Kuwarigola in the district of Purnea. They want quashing of letter No. 1489 dated 17.11.1993/ Memo no. 1090 dated 4.12.1993 contained in Annexure -8 after more than 12 years of its issuance.

(3.) ADMITTED position is that these petitioners are non -teaching staff in a recognised aided Sanskrit High School and have not been paid their salary since 1.4.1990. State has consistently taken a stand that they are not obliged to grant aid for payment of salary to non -teaching staff. Their obligation was limited to grant in -aid and assistance to teaching staff of these aided schools. A perusal of Annexure -8 would show that the Government after due enquiry and investigation found that in 222 Sanskrit High Schools there are no sanctions for payment to the non -teaching employees like Assistants and Orderlies but funds were being released illegally. Direction was issued to the Chairman of Bihar Sanskrit Shiksha board not to release funds for payments to such posts as they were not sanctioned post by the Government.