PARAS NATH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner; State; Bihar Sanskrit Shiksha Board (hereinafter referred to as the 'Board') and respondent no. 8.

(2.) The petitioner has moved the Court for the following reliefs:

(3.) The petitioner claims to have been appointed as Assistant Teacher in Shri Pachrang Baba Sanskrit Prathmik-SahMadhya School, Lachhubigha in the district of Nalanda on 25.12.1977 on the fifth sanctioned post by the Managing Committee of the School. It is further his claim that on 28.12.1997, he joined on the fifth Assistant Teacher post and kept on working without any break. In the meantime, the school was recognized/approved by the Sanskrit Shiksha Parishad on 01.04.1980 and placed under the management and control of the Board. It appears that one Kanti Kumari claimed that she had been appointed on 09.01.1980 on the post vacated by the petitioner on account of his long absence and removal by the Managing Committee and the matter reached before the Chairman of Board. This led to filing of C.W.J.C. No. 2233 of 1983 by the petitioner, and by order dated 25.07.1997, the matter was remanded to the Chairman of the Board with the observation that payment of salary should be made to the parties in whose favour the matter is decided and for the period he or she has worked. In terms thereof, the Chairman of the Board passed order on 22.04.1999 in favour of the petitioner holding him to have been appointed and continuing on the post. Despite the Chairman having passed the order in favour of the petitioner when the arrears of salary were not paid to him, he moved in M.J.C. No. 3013 of 2000, but during the pendency of the contempt application the Special Director, Secondary Education by order dated 24.11.2001 communicated to the Secretary of the Board, the State Government's decision to interfere in the order of the Chairman of the Board holding that the petitioner was not working on the sanctioned post at the time of approval/recognition of the school and thus denied him the salary. The said order was communicated by the Secretary of the Board under Letter No. 123 dated 06.02.2002 to the petitioner which led to him filing C.W.J.C. No. 5467 of 2002. The Court by order dated 29.02007 interfered with those orders and remanded the matter to the Special Director, Secondary Education, Bihar, Patna to pass fresh order, after giving opportunity of hearing to the petitioner and taking into consideration the order passed by the Chairman of the Board. Pursuant thereto, the impugned order dated 31.10.2007 has been passed by the Incharge Special Director, Secondary Education by which the prayer of the petitioner for payment of salary etc. has been rejected.