SUSHRI SHUKLA SEN Vs. STATE OF BIHAR

JUDGEMENT

(1.) AS in both the cases, parties are common and common point of law is involved, they were heard together and are being disposed of by this common judgment.

(2.) PETITIONER -Shukla Sen (of C.W.J.C. No. 493/96 (R) while challenged the order dated 11.12.1995 in her writ petition, the other petitioner -Shipra Dutta (of C.W.J.C. No. 11/95 (R); challenged the order dated 29.12.1994 in her writ petition.

(3.) THE other petitioner -Shipra Dutta was untrained but was appointed in the said school, earlier to petitioner -Shukla Sen on1.4.1974 whereinafter she passed B.Ed. examination on 24.2.1975. The school in question was not recognised at the relevant time when the petitioners were appointed. It was granted permisson to establish by the State of Bihar on 10.12.1976 and recognised by Government on 15.1.1980. Subsequently, the school was granted minority status by the State of Bihar on 4.10.1980. The school having declared minority school, the petitioners and others were allowed scale of pay as allowed by the State and since then the petitioners are continuing in the service of the school. 4A The school authorities declared Shipra Dutta as senior to Shukla Sen on 22.11.1991 against which petitioner Shukla Sen preferred C.W.J.C. No. 624/92 (R). The aforesaid writ petition was disposed of by this Court on 5.7.1994 wherein this Court directed the D.E.O. to decide the representation of petitioner -Shukla Sen after hearing the parties. Subsequently, the District Education Officer, Ranchi declared Shukla Sen as senior to Shipra Dutta vide order dated 24.12.1994, which is under challenge in C.W.J.C. No. 11/95 (R) preferred by petitioner Shipra Dutta. During the pendency of C.W.J.C. No. 11/95 (R), Shipra Dutta filed another writ petition C.W.J.C. No. 73/95 (R) for direction on the respondent -District Education Officer, Ranchi to approve selection grade to her. The said writ petition was disposed of by this Court on 3.4.1995 wherein she was asked to prefer a representation before the D.E.O., Ranchi, who in his turn, was directed to pass a speaking order.