STATE OF BIHAR Vs. ASHA SHARMA

JUDGEMENT

(1.) The Division Bench in this appeal preferred by the State of Bihar against the judgment of the Single Judge dated 23rd March, 2011, in CWJC No. 1046 of 2006, had noticed conflicting judgments of two Division Benches - one reported in 2007 (2) PLJR 239 (Shyam Kishore Singh vs. The State of Bihar & Ors.) and the other in the matter of Madho Sharma vs. the State of Bihar & Ors. in CWJC No. 15725 of 2010, decided on 5 th July, 2013 and, on consideration of Government Circulars dated 29th November, 1978 and 30th August, 1980 as well as the Bihar Non-Government Secondary Schools (Taking Over of Control and Management) Act, 1981 (hereinafter referred to as "the Act of 1981") and Bihar Nationalized Secondary Schools (Service Conditions) Rules, 1983 (hereinafter referred to as "1983 Rules") noted that there are three diverse opinions for calculating the service for the purposes of pensionary benefits: (a) to count service from the date of take over treating the non- teaching employee as government servant (b) counting the service from the date of grant of recognition of the non- government school and (c) reckoning of service from the date of grant of permission to establish the school.

(2.) This appeal arises out of the judgment of the same learned Single Judge, who accepted the contention of the petitioner that service for the purpose of pensionary benefit shall be reckoned from the date of grant of permission to establish the school. Noticing the issue involved in LPA No. 1681 of 2013, the Division Bench referred the same for consideration before the Full Bench and this was tagged with LPA No. 1568 of 2011.

(3.) This writ petition was heard on different dates by the learned Single Judge and, vide order dated 21.11.2013, the learned Single Judge noticing the conflicting Division Bench decisions directed this case to be listed before a Division Bench. On 16.06.2014, this writ petition was admitted by the Division Bench and it was directed to be heard along with LPA No. 1568 of 2011. As such, the case has been tagged with LPA No. 1568 of 2011 the subject matter before the Full Bench.