KAMTA PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, petitioner is aggrieved by denial of continuity of his service with effect from 1.9.1959 to 28.2.1997 and consequently a direction to the Respondents has been sought to refix his pension which was fixed by the Accountant General 'soffice PPO No. 250634 without counting the said period and treating the breakage in service with effect from 7.2.1974 to 8.1.1975.

(2.) IN short, the relevant facts are that the petitioner was initially appointed as Assistant teacher in Shankar High School, Amarpuri on 1.9.1959, which was recognised School by the Department of Education vide order dated 1.7.1955. He discharged his duty continuously without any breakage in his service up to 7.2.1974. Later he was appointed as Headmaster in High School, Telmar in the district of Nalanda to which permission was granted for establisment by the then Secondary Education Board vide office order, contained in memo no. 4405 -4408 dated 7.12.73. He joined in the said School in the afternoon of 7.2.1974. It is, however, further stated that the Managing Committee vide its resolution no.3 dated 18.1.1975 sanctioned the leave of the petitioner without pay, which is also incorporated in the service book of the petitioner, which was duly verified and attested by the competent authority. High School, Telmar was granted permanent recognition by the then Bihar School Secondary Education Board vide office order contained in memo no. 141 -47 dated 9.1.1975 along with teaching and non -teaching staff including the petitioner as Headmaster (Annexure -2). The School was taken over with effect from 2.10.1980 and thereafter the petitioner was transferred to Vishwanath High School, Chandos on 22.9.93 and later to the High School, Paliganj in the district of Patna from where he superannuated on 28.2.1997. It is, thus, claimed that the petitioner is entitled for ' continuity in Government Service from the date of initial appointment i.e. 2.9.1959 and accordingly it is claimed that he discharged total service for 37 years 5 months, but vide aformentioned PPO dated 7.7.1997 his pension has been fixed at Rs. 1,466/ - instead of Rs. 2,199/ - by counting his total period of service from 9.1.1975.

(3.) MR . Ganesh Prasad Singh, learned Senior Counsel appearing for the petitioner contended that as per the Government instruction, contained in letter no. 25511 -710 dated 12.8.1978 issued by the Secretary, Bihar Secondary Education Board, Patna to all Regional Directors of Education, Principal, Teacher Training College, Deoghar and Samastipur, the petitioner was entitled to get the benefit of continuity of service at least from 7.2.1974 when he joined in the High School, Telmar as Headmaster, which was granted permission for establishment on 7.12.73 vide Annexure -1. In support of this, learned counsel placed reliance on paragraph 13 of the said Government instructions, which is quoted hereunder for ready reference : (LOCAL LANGUAGE)