GIRDHARI SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application, the petitioners pray for issuance of an appropriate writ commanding upon the respondents to consider their cases for appointment on the post of Assistant Teachers in different Elementary Schools in the districts of Sahebganj and Godda after relaxing their age in the light of Government Order No. 516 dated 23.3.1982 as also in the light of the observations made by the High Court in CWJC No. 7000 of 1992 and other analogous cases reported in 1993 BBCJ 183. They also claim that they are entitled to such appointment on the basis of observations made by the Supreme Court in Contempt Petition Nos. 236 -40 of 1991 and 263 of 1991 disposed of on 22.11.1991 and which has been appended as Annexure 3 to this writ application. The petitioners further pray that consequent upon their appointment, they should be granted consequential benefit and seniority with effect from the dates other persons junior to them in the panel had been appointed. The petitioners submit that the action on the part of the respondents in not considering their cases on the ground that they are over age is in violation of Government Order dated 23.3,1982 wherein maximum age limit for handicapped teachers has been relaxed in comparison to the age limit of trained/untrained teachers belonging to the general category.

(2.) ACCORDING to the petitioners, they are all physically handicapped persons and they were appointed as Assistant Teachers in the Primary and Middle Schools of the former district of Santhal Pargana. In the year 1981 -82 there was an acute shortage of teachers in the primary and middle schools in the entire district of Santhal Pargana which was subsequently divided into four other districts, namely, Dumka, Deoghar, Sahebganj and Godda. The paucity of teachers became so accentuated that the Government was forced to close down some schools and ultimately on account of political intervention, the matter was raised on the floor of the Assembly, whereafter the District Superintendent of Education advertised the posts for appointment. Thereafter the process of selection was initiated and the petitioners were appointed as Assistant Teachers in the District of Sahebganj and Godda.

(3.) ACCORDING to the petitioners, being aggrieved, some teachers filed writ petitions challenging their orders of termination and one such writ petition bearing No. CWJC No. 227 of 1988 was disposed of by a division bench on 11.8.1989 directing the respondent inter alia to make fresh appointment of teachers by inviting applications from those petitioners and others who had been removed on the ground of illegal appointment made by the then District Superintendent of Education. It was further directed that if those teachers fulfilled the eligibility conditions, then they could be appointed. Some teachers were unhappy with the order passed in CWJC No. 227 of 1988 and they made a grievance before the Supreme Court in SLP No. 11699 of 1990 and other analogous cases that the termination order should have been quashed by the High Court instead of directing the respondents to make fresh appointments. The petitioners have however stated at paragraph 11 of the writ application that the Hon'ble Supreme Court declined to interfere with the judgment of the High Court observing inter alia that since the same had not been subjected to any appeal, the State Government should complete the selection process within three months and in any case, not beyond 30,6.1991.