HAREKRISHNAYADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) These writ applications have been filed by the petitioners for quashing the orders contained in Memo, dated 22.12.1990 and 23.12.1990 being Annexures 4, 2 and 3 to the respective writ applications by which the promotions granted to them in higher grades have been cancelled having been found to be irregular for various reasons stated in the impugned orders.

(2.) The petitioners before us claim to be the assistant teachers serving in various elementary schools situated in the district of Purnea which are said to have been taken over by the State Government under the provisions of the Bihar Non-Government Elementary School (Taking Over of Management and Control) Act, 1976 (hereinafter in short the 'Act' only). The further case of the petitioners is that they were favoured with promotion in higher grades as per the communication made by the District Superintendent of Education, Purnea but the same has been cancelled by the impugned orders illegally.

(3.) The facts and the questions raised in the present cases are almost identical to similar cases decided by a Bench of this court in the case of Md. Tarique Alam & others v. State of Bihar & ors., reported in 1992 (2) BLJ 617, which was disposed of on 17th July, 1992, with the following directions :