JYOTSNA CHATTERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this writ petition is aggrieved by Memo No. 2689 dated 7.11.1996 (Annexure 1) on the Director, Secondary Education (respondent No. 2) which is purported to have been passed pursuant to the order dated 18.11..1995 of this Court passed in C.W.J.C. No. 967 of 1995 rejecting the claim for regularising her services in Dwarika Prasad Gourish Charan Project Girls High School, Kalyanpur, in the district of Samastipur.

(2.) The claim of the petitioner is that she was appointed as Assistant Teacher on 10.10.1982 after due advertisement and selection by the Managing Committee of the said School when it was a private School. The qualification of the petitioner was B.A., B.Ed. in Home Science and Psychology. Smt. Anju Singh (respondent No. 5) was also appointed as Assistant Teacher in the same School on the same date, i.e., 10.10.1982. The School in question was made a Project School under the respondents and was taken over in the year 1985. In terms of the letter same dated 4th Feb., 1989, the services of the Teachers of the School in question were to be placed before the Screening Committee and on its recommendation approval of the services of the Teachers were to be accorded in such Project Schools and they were to be treated as Teachers of the School and paid salary from 1st Feb., 1989.

(3.) It is sated that on 2.4.1991 the Screening Committee on examination of the records submitted a report (Annexure 10) in which the position of the petitioner in the seniority was placed at serial No. 5 whereas of respondent No. 5 at serial No. 7, but, however, the date of regular appointment of the petitioner was shown as 17.4.1983 and that of private respondent No. 5 as 5.4.1983. However, in the impugned order, the Director has treated the date of appointment of respondent No. 5 as 12.10.1984 and that of the petitioner as 27.10.1984 and, accordingly, approved the case of respondent No. 5 and rejected the claim of the petitioner.