DHRUB ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the writ petitions raise identical issues and are being disposed of by a common judgment.

(2.) I shall first take up CWJC No. 10607 of 1999. It has been preferred for a direction to the respondents to treat the petitioner 'sservice to be continuous from 1.1.1959 to 14.2.1979 and to pay the post -retirement benefits after continuing the same. The petitioner 'spost - retirement benefits have been computed after excluding the said period, and giving him the benefits with effect from 15.2.1979 in view of clause 2(ga) of the memorandum bearing memo no. 636/Patna, dated 18.7.92 (Annexure 10), issued by the Government of Bihar in the Department of Water Resources. The facts are not in dispute and are indicated hereinbelow: '' 1956. :The High School, Barhauna, in the district of Samastipur, was established as a private school. 1.1.1959 (Annexure 1):The petitioner had joined the High School, Barhauna, in the district of Samastipur as Assistant Teacher in 1958 which was then a private school. It was granted partial recognition with effect from 1.1.1959. 1.1.1960 (Annexure 2): The Barhauna school was granted full recognition with effect from 1.1.1960 vide order dated 28.10.1960 (Annexure 2). 1.3.1977 (Annexure 3): Circular of this date issued by the Bihar Secondary Education Board declaring that the date of permission to open the school will be deemed to be the date of appointment of teachers provided he was continuing from before. 1978 : Ashok Smarak High School, Banghara, Samastipur, was established as a private school. 30.11.1978 : The petitioner had resigned from High School, Barhauna, to join as Headmaster in the said High School, Banghara. 1.12.1978 : The petitioner joined as Headmaster in the High School, Banghara. 5.12.1978 (Annexure 4) : The High School, Banghara, was granted the opening permission. 14.2.1979 (Annexure 5) : The High School, Banghara, was granted full recognition. The petitioner continued as its Headmaster till the date he sought voluntary retirement. 25.3.1996 (Annexure 6) :The petitioner 'srequest for voluntary retirement was accepted, and he ceased to be in Government service with effect from 25.3.1996. 27.4.1997 (Annexure 7) : Government circular enabling a school teacher to seek voluntary retirement on completion of minimum of twenty years of qualifying service after giving three months ' notice. 31.7.1980 (Annexure 8) : Government circular which provided that cases of teachers occasioned by (i) resignation, (ii) dismissal or transfer from service, and (iii) break in service caused by participation in strike, will lead to break in service. It was further stated that break in service of teachers as result of any other circumstance or factor shall automatically be treated to be condoned. 15.1.1982 (Annexure 9) : Government resolution whereby Annexure 8 was modified and the break in service of teachers caused by resignation was deleted as a consequence of which it would not result in break in service. 18.7.1992 (Annexure 10) : This Government resolution modified Annexure 9 and provided that a teacher joining an unrecognized, non -governmental secondary school prior to getting recognition shall entail the consequence of break in service.

(3.) WHILE assailing the validity of the impugned action, learned counsel for the petitioner has relied on various circulars of the State Government and has in substance submitted that the petitioner cannot be deprived of a vested right which accrued to him by operation of the circulars when the petitioner had joined the High School, Banghara, as Headmaster. He further submits that the aforesaid Government resolution dated 18.7.92 (Annexure 10) cannot make a dent into the petitioner 'svested right of the benefit of condonation of break in service by virtue of the provisions of the previous circulars. He relies on the following reported judgments: ''