DUKHIA MARDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the order dated February 24, 1997 whereby the learned single Judge dismissed the writ petition being C.W.J.C. No. 2632 of 1996(R). The petitioner's case is that he was appointed as Peon on January 4, 1982 by the Managing Committee of Sosomali High School in Rajnagar Block. In March, 1982 the said High School was taken over by the Government of Bihar and was named as Project High School, Sosomali. It was contended by the petitioner that he worked continuously from January 4, 1982 to April 5, 1996 though he did not receive any salary from the respondents. The petitioner submitted a number of applications to the District Education Officer, Singhbhum for considering his case for payment of salary and for regularisation of the salary sheet. In 1996, the District Education Officer, Singhbhum issued an office order dated April 5, 1996 informing the petitioner that his appointment was not approved as at the time of his appointment i.e. on January 4, 1982, he was only of 16 years 2 months 25 days when the minimum age is 18 years for any Government service. It was also informed that his claim for payment of salary for the period from January 4, 1982 to April 5, 1996 was also rejected. The said office order was impugned in the writ petition.

(2.) The learned single Judge after hearing the parties, dismissed the writ petition holding that cut-off date for appointment by the Managing Committee was January 1, 1982 and liberty was given to the authority concerned to consider the cases of those candidates who were appointed prior to January 1, 1982. Considering the circular annexed as Annexure-A to the counter-affidavit, learned single Judge has held that the impugned order passed by the respondent is reasonable and within their jurisdiction.

(3.) It appears that in the writ petition, the respondents appeared and filed counter-affidavit wherein the appointment of the petitioner on January 4, 1982 and continuously worked in the school as Peon, was not denied or disputed by the respondents. The only stand taken by the respondents in the counter-affidavit was that as per departmental circular dated November 19, 1982, only services of those candidates was to be approved who have been, appointed by the Managing Committee upto January 1, 1982. A copy of the circular was annexed as Annexure-A to the counter-affidavit. From perusal of Annexure-A, it appears that cut-off date was fixed only in respect of the teaching staff who were appointed by the Managing Committee of the school. No cut-off date was fixed for regularisation of services of non-teaching staff including Peon who were appointed by the Managing Committee upto January 1, 1988. There is no dispute that the services of the non-teaching staff who were appointed by the Managing Committee before January 1, 1989 were regularised.