LAXMAN RAUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two petitioners have filed this writ petition virtually making a claim that they be treated as Government teachers and pay accordingly from the time take over of their school with their services. This writ petition was filed in the year 1994 and soon thereafter in 1995 it was dismissed. THE matter went to intra-Court appeal where also petitioners did not succeed then the matter went to the Apex Court. THE Apex Court remanded this matter to this Court for a decision on merits on the material available on record. It is under these circumstances the matter has now been heard for its final disposal.

(2.) PETITIONERS' claim as set up from the detail pleadings as made before the Apex Court is that in the year 1980 a Harijan Primary School was decided to be set up by the local Harijan people of Bhatwan in December 1982. One Harijan decided to donate the land for the school and from the local contribution the school was started. PETITIONERS further case is that they were recruited by the managing committee being the founder members of the school as teachers. Their further case is that the District Board which had the authority then took a decision in 1983 to take over the school as a Government school. After take over of the school as Government school, as the two petitioners were untrained teachers, they were sent by the Government for two years training. Thereafter, when they returned they were not being posted on the plea that there was no vacancy left in the school. Ultimately with great difficulty after several years they were appointed as Government teachers. In these circumstances, relief sought for is that they should be treated as Government teachers from the time the school was taken over in 1983. Similar pleading is there though in slight vague terms in the writ petition.