RAJ KISHORE MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application is directed against an Office Order of the Dictrict Superintendent of Education, Rohtas contained in Memo No. 2816, dated 26-6-1982 thereby Shri Ram Narain Singh (respondent No. 5) was sought to be transferred as the Headmaster to the petitioner's school in place of petitioner as contained in Annexure-2 to the writ application as also a letter dated 16-8- 1982, issued by the Deputy Inspector of School, Bikramganj whereby and where under the petitioner was directed to hand over charge to the respondent No. 5. The petitioner in this writ application has further prayed for issuance of a writ of or in the nature of mandamus directing the respondent authority to recognise the petitioner as headmaster of Middle School, Chhulkar, Police Station Bikramganj, district Rohtas and to pay his salary on the post of the headmaster in the admissible scale of B. A. trained teacher.

(2.) The facts of the case lie in a very narrow compass and are not much in dispute. The middle school at Chhulkar was established in the year 1970 and the petitioner was appointed allegedly as a founder headmaster therein with effect from |31-8-1970 on temporary basis and on completion of three years of his service he was confirmed by the Managing Committee in the year 1974 by Resolution dated 16-4-1974.

(3.) The petitioner has asserted that at he time of his initial appointment he was merely a graduate, but in December, 1973, he passed the B. Ed. Examination. According to the petitioner the Managing Committee of the school bad been paying the scale of pay admissible to an untrained teacher from the date of his appointment and after he obtained the B. Ed. degree as mentioned hereinbefore he was being paid the scale of pay of a trained graduate. It is admitted that the Governor of Bihar promulgated an Ordinance known as Bihar Non-Government Elementary School (Taking-over of Control) Ordinance, 1976, which although was signed by the Government on 3-2-1976, but the same was given retrospective effect and restroactive operation with effect from 1-1-1971. The said ordinance was later on repealed and replaced by a Legislative Act known as Bihar Non-Government Elementary Schools (Taking Over of Control) Act, 1976 (Bihar Act No. 30 of 1976) (hereinafter referred to as the Bihar Act of 1976) which was also given retrospective operation with effect from 1-1-1971.