- (1.) Heard counsel for the parties.
(2.) The Three Men Alam Committee appointed by the Government of Jharkhand in pursuance of the direction passed by the Hon'ble Supreme Court in Civil Appeal No. 6626-6681 of 2001 by judgment dated 03.01.2006, inquired into the matter for the purposes of recognition of the teaching / non-teaching employees of Project Girls High School, Jainagar, Koderma and submitted its report. The said school was selected on 23.05.1985 by a Three Men Committee earlier constituted by the Government of Bihar vide letter no. 142 dated 23.02.1985. The Three Men Alam Committee in its report submitted on 30.09.2007, found the sanctioned post of two units of Class-IV / Peon in the said school apart from other posts of teaching and clerical cadre. The Committee also found that the petitioner was appointed by the Managing Committee on 20.12.1983 and was 9th pass. However, the Committee did not recommend recognition of the services of the petitioner and one another person working as peon since 1983 on the ground that two persons Bahadur Paswan and Ashok Ram were appointed on compassionate ground by the District Compassionate Appointment Committee and posted by order of the District Education Officer in the instant Project Girls High School in the year 2002 and 2005 respectively. It, therefore, recommended recognition of the services of those two persons on Class-IV post of Peon, though there was no occasion to recommend recognition of their services as they had already been appointed by the District Compassionate Appointment Committee in the respective years.
(3.) Petitioner being aggrieved, has approached this Court seeking recognition of this services from the date of selection of the school as Project School in terms of the decision of the Three Men Committee dated 23.05.1985. Petitioner has consequently sought for payment of salary with effect from 01.01.1989 with other consequential benefits in view of Full Bench Judgment rendered by the Patna High Court in the case of Project Uchcha Vidyalaya Shikshak Sangh vs. State & others and analogous cases,2001 1 PLJR 287 as also judgment passed by the Apex Court in the aforesaid Civil Appeal.;