RABINDRA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the above stated writ petitions have been filed for issuance of a direction to the respondents to reckon their services from the date of their initial appointment for grant of pensionary benefit and other consequential benefits. Since the common issue was involved in both the above stated writ petitions, accordingly, the above stated writ petitions were heard together and common judgment is being passed. CWJC no.6333/2009

(2.) PETITIONER Rabindra Sharma was appointed on 01.08.1974 as assistant teacher in Ram Ratan High School, Sachai, Kurtha, Gaya. At the time of his appointment, he was not a trained teacher. The above stated Ram Ratan High School, Sachai, Kurtha, Gaya was established by the villagers of Sachai village and permission for establishment of the aforesaid school was granted by the State Government on 01.01.1970. The recognition of the aforesaid school was granted on 06.07.1976 and later on, the above stated school was taken over by the State Government under the provision of the Bihar Non -government Secondary School (Taking over Management and Control) Act, 1981 with right and liabilities including services of the employees. The service of the petitioner was taken over by the State Government with effect from 02.10.1980. The services of the teachers of the privately managed schools before their taken over were being guided under Circulars and Notifications issued from time to time by Bihar Secondary Education Board and vide letter no. 6746 -6829 dated 01.03.1979 the then Secretary of the Bihar Secondary Education Board issued circular regarding recognition of services of teachers appointed in a school prior to recognition of the school and it was decided that date of the initial appointment of a teacher will be recognized for all purposes except payment of salary after the date of final recognition. After issuance of the aforesaid circular, Bihar Non -government Secondary School (Taking over Management and Control) Act, 1981 came into force and according to section 4(3) of the aforesaid Act, service condition of the teachers and other employees of taken over schools shall remain the same as it were before taking over till the State Government makes any change in these conditions by the procedure prescribed.

(3.) PETITIONER Md. Zafar Imam was also appointed on 16.01.1971 as assistant teacher in above sated Ram Ratan Sachai School, Kurtha, Gaya which was taken over by the State Government with effect from 02.10.1980. Petitioner - Md. Zafar Imam was transferred to High school, Arthua, Aurangabad in the year 1995 and again, transferred to High School, Kinjar, Jehanabad in the year 1999 and, thereafter, he was superannuated from service on 30.09.2005 and accordingly, he served for near about 34 years but his pension was fixed only 42% of the basic pay whereas he was entitled for 50 % of the basic pay. He made representation but went in vain.