BADRI MAHATO Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant litigation has a long and chequered history. Petitioner admittedly was appointed on 1st March, 1971 in Primary School, namely, Bal Vidyalaya Middle School, Giridih on the post of Peon. The said school was taken over by the State Government in exercise of powers under Bihar Non -government Primary School (Taking Over of Management) Act of 1976.

(3.) Undisputedly, by operation of the Act such schools were taken over with effect from 1st January, 1971. Petitioner was in the scale of pay of Rs. 49.50 per month and approached the Patna High Court in CWJC No. 536 of 1978 (R) along with 6 others writ petitioners from which he withdrew. Other six petitioners pursued their matters relating to the scale of pay of Rs. 155 -190/ - and succeeded as is also recorded in the judgment rendered in CWJC No. 505 of 1980 (R) by learned Single Bench of Patna High Court dated 5th February, 1986 (Annexure -3) to the writ petition. Petitioner pursued his representation before the Director (Primary Education) after withdrawing himself from the earlier writ petition and got rejection order dated 24th July, 1980 which was assailed in the writ petition being CWJC No. 505 of 1980 (R). Learned Single Judge on the instant occasion after recording the relevant material facts and submission of the rival parties allowed liberty to the petitioner to approach the Director (Primary School) Bihar, Patna for fresh consideration of his representation without being influenced by the impugned order of rejection. That representation has again been rejected by order dated 21st May, 1987 (Annexure -4) passed by the Director (Primary Education), Bihar on the grounds that petitioner cannot claim parity with other six teachers, who were already in employment prior to 1.1.1971 i.e., date of taking over of the school in question. Petitioner having been appointed on 1st March, 1971 cannot claim the benefit of enhanced pay. This order got challenged before State Administrative Tribunal, Bihar at Patna which dismissed the application holding that no case is made out by the petitioner. On being challenged, learned Division Bench of Patna High Court in CWJC No. 1837 of 1988 (R) vide judgment dated 3rd March, 1989 quashed the impugned judgment and remitted the matter to the Tribunal for giving afresh judgment after notice to the parties and decide the matter giving priority. Thereafter, it is reported, as per the supplementary affidavit of the petitioner also that that State Administrative Tribunal, Patna, became non - functional.