STATE OF BIHAR Vs. MOHD. MANJUR ALAM
SUPREME COURT OF INDIA
STATE OF BIHAR
Mohd. Manjur Alam
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(1.)Delay condoned. Leave granted. The short question that arises for consideration in these appeals, is whether the State Government would be bound to pay the salary of the extra staff recruited on up-gradation of the Madarsa in the year 1976.
(2.)There is no dispute that the original staff attached to the Madarsa would get their salary from the Government. Since the staff recruited to Madarsa subsequent to the up-gradation, were not given their salary by the State Government, they approached the High Court by filing a writ petition. The Madarsa in question is at Kashpur in the District of Purnia. There is no dispute that the writ petitioners were appointed by the Managing Committee of Madarsa.
(3.)The learned Single Judge construed the circular of the State Government dated 8.12.1982 and came to the conclusion that since the institution in question had been upgraded prior to the aforesaid circular, the extra staff recruited for the upgraded classes would also be entitled to get their salary from the State Government. The learned Single Judge also placed reliance on an earlier decision of the Division Bench of said Court in C.W.J.C. No. 3098/1988 which was disposed of on 08.12.1988.
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