SHIV NARAYAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner; learned A.A.G.-6 for the State and learned counsel for the Bihar Sanskrit Shiksha Board (hereinafter referred to as the 'Board').

(2.) The matter has been dealt in detail by the Court in its order dated 15.02.2018, which the Court deems it appropriate to reproduce hereinbelow, which would give the factual background:

(3.) In the aforesaid background, the Court was forced to direct for the personal appearance of the Principal Secretary, Department of Education, who had appeared on 06.03.2018, and after being aware of the issue had taken four weeks time for the authorities to look into the matter and then come with a final stand. In terms thereof, an affidavit has been filed on behalf of the State in which they have reiterated their previous stand that since the school of the petitioner was not included in the initial 429 schools and was clubbed in the list of 223 schools, who were later recognized, in their case, sanction being only for teaching posts, the petitioner holding a non teaching post was not entitled to payment. However, the said stand was also in the background that the relevant records were not traceable since in the year 2016, a major portion of the Education Department was gutted in fire leading to loss of many documents.