- (1.) HEARD counsel for the parties.
(2.) THE petitioner had retired as a Assistant Teacher on 31st January, 2009 from Mangilal Rungta High School, Chaibasa. He had approached this Court earlier in W.P.S. No. 1586 of 2009 for consideration of his case for grant of post -retirement and other service benefits. The said writ petition was disposed of by order dated 5th May, 2009, directing the respondents to take a decision on the representation within a stipulated period. The petitioner thereafter has approached this Court challenging the order passed on 10 th February, 2011, which is contained in Memo No. 441, Annexure -4 to the writ application, by the Director, Secondary Education, whereunder the claim of the petitioner for grant of certain arrears totaling Rs. 61,920/ -, on account of denial of two increments for the period 1979 -83, have been rejected on the ground that the said school was taken over on 21.2.1983 and the said benefit claimed under letter dated 1.3.1977 was available for such schools, which were not recognized. The petitioner once again approached this Court for payment of certain retiral dues including the arrears of salary on account of those two increments totaling Rs. 61,920/ -. During the pendency of this writ application, the petitioner by way of amendment, sought to challenge the said order dated 10th February, 2011, which was allowed vide order dated 29th April, 2013. In such circumstances, learned counsel for the petitioner submits that rest of the retiral dues have been paid to the petitioner but he is still aggrieved by the impugned order, which denies the arrears of salary totaling Rs. 61,920/ -, on reckoning of two increments for the relevant period 1979 -83. Learned counsel for the petitioner submits that the decision is misconceived and also passed upon wrong interpretation of the Memo No. 6747 -6829 dated 1st March, 1977, which is Annexure -A to the reply of the respondent no. 4.
(3.) LEARNED counsel for the petitioner by referring to the extracts of the service book, which is contained in Annexure -5 series submits that the permission to establish the school was given vide Memo No. 6242 -45 dated 23rd March, 1979 as is evident from page -23 of the writ petition. The said school Adim Jati Seva Mandal High School, Dumardagga, Ranchi was, however, recognized by the decision of the Education Department, Government of Bihar, contained in letter No. 5057 -69 dated 21st February, 1983, which also reflects from the endorsement made in the service book at page -23.;