- (1.) ADMITTEDLY , the appellant was working as assistant teacher in a minority institution, namely, Central Karimia High School, Jamshedpur and on completion of 58 years of age, he retired on 31.1.1993.
(2.) IN the meantime, on 20.6.1991, an administrative order of the State Government in the Department of Human Resource Development was issued by Memo No. 378, by the Deputy Education Director, Secondary Education, Bihar that pursuant to polity decision that the teachers of minority secondary school are to be provided all those amenities and benefits, which were available to the teachers of nationalized Secondary Schools, those teachers, who were to superannuate on 31.10.1989 or thereafter after attaining 58 years of age be not made to retire and after formal order regarding enhancement of their superannuation from 58 years to 60 years, like those Nationalized School teachers was issued, only thereafter payment of their salary for the period for which they worked in the meantime, shall be made. Pursuant to the said administrative order of the State Government, the appellant was allowed to work as assistant teacher of the school by the authorities concerned even after he completed 58 years of his age. On 18.7.1994 the State Government took final decision and enhanced the age of superannuation of the teachers working in the minority secondary school from 58 to 60 years and in this regard the Additional Secretary to the Government of Bihar, Department of Secondary, Primary and Adult issued formal orders by communication No. 12/316 -012/18.
(3.) HOWEVER , the appellant claims to have continued to work up to 31.1.1995 and in terms of Government administrative order dated 20.6.1991, claimed his salary for the period from 1.2.1993 to 31.1.1995 to be paid to him, although in terms of the Government resolution dated 18.7.1994, he was not entitled to get benefit of the aforesaid enhancement of the date of superannuation of the teachers working inminority secondary schools.;