TAPEN SEN, J. - (1.) HEARD Mr. Saurav Arun, learned counsel for the petitioner; Mr. B.S. Lall, learned Additional Advocate General for the State -respondents and Mr. Ananda Sen for the respondent Nos. 1 to 4 and with their consent this writ petition is being disposed -off at this stage.
(2.) THE petitioner, in the instant case, makes a prayer that the respondent Nos. 1 to 4 should be directed to make payment of a scale of salary based on the principals of equal pay for equal work because he has been working right from 29.1.1988 till date without any break as a Teacher in the Rajkiya Madhya Vidyalaya, Phusri on a consolidated salary of Rs. 500.00 per month which was given to him as per his letter of appointment issued on 29.1.1988 as contained in Annexure 3. The claim of the petitioner in relation to a scale of salary is directed against the respondent Nos. 1 to 4 because according to him notwithstanding the fact that the petitioner has been allowed to continue right from 1988 in that School and although the School itself was taken over by the Government way back in the year 1960 as has been admitted by the State - respondents in their supplementary counter affidavit, he is still being treated by the Government as an employee of the respondent Nos. 1 to 4 and it is not that count that he has been deprived of a regular pay scale. As a consequence of the aforementioned grievances of the writ petitioner, it has further been prayed that an appropriate direction be given to the State -respondents to take him/absorb him in their service under their administrative control which should have been a natural consequence of the act of taking over of the School.
(3.) THE learned Additional Advocate General submits, with reference to the supplementary counter affidavit filed in the instant case on 25.3.2004, that the School was established prior to 1960, but was later on taken over by the State Government under the provisions of the Bihar Non -Government Elementary School (Taking Over of Control and Management) Act, 1976 with effect from 1.1.1971, He further submits that this School was upgraded from the status of a primary school to the status of a middle school in the year 1992 and that at present there are four units sanctioned for teachers and all of them are presently filled and there is no scope for absorption of the petitioner.;