GAYASUDDIN AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the prayer of the petitioner is two fold, firstly that he is entitled to get payment of salary for the period 1.2.1992 to 31.1.1994, the period according to the petitioner, he continued to be in service even after his superannuation as an Assistant Teacher. The second prayer of the petitioner is that he be paid the interest @25% per annum since the retrial dues were paid to him belatedly.

(2.) IT is stated that the petitioner retired from the service as an Assistant Teacher on 31.1.1992 from Chitarpur Government School in the District of Hazaribagh. He filed a Writ Application before this Court being CWJC No. 329 of 1992 (R) praying therein to allow him to continue in the service up to the age of 60 years in view of the decision/resolution of the Government of Bihar contained in letter No. 0308/89/ 2412 Patna dated 29.10.1990 whereby the age of superannuation of the teachers working in Government Elementary/Primary Schools was enhanced from 58 years to 60 years i.e. Annexure -1 to this writ petition. The writ application was disposed by this Court by order dated 11.2.1992 (Annexure -2 to this writ application) whereby the State was directed to consider the case of the petitioner in light of the Circular issued by the Government of Bihar and also the judgment rendered by the Patna High Court in CWJC No. 1999 of 1990.

(3.) IN the present case therefore, there is no dispute that the petitioner had already retired from service after completing the age of 58 years on 31.1.1992. Therefore, even according to the order of Supreme Court he would not get the benefit of the Circular of the State Government i.e. An -nexure -1.