STATE OF BIHAR Vs. RAJENDRA PRASAD SINGH

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent is preferred by the respondent-State of Bihar against the order dated 8 th September 2011 made by the learned single Judge in CWJC No.1173 of 2009.

(2.) The dispute arises from the claim made by the writ petitioner for grant of higher pay scale on completion of 12 years? service from 12th February 1985 i.e. from 12th February 1997 pursuant to the order dated 26th June 1998 made by the Regional Deputy Director of Education, Saran Division, Chhapra under the scheme for time bound promotion (hereinafter referred to as the "Scheme") then prevalent in the State of Bihar. The claim has been denied by the State Government on the premise that as the writ petitioner had been conferred the status of a Government servant effective from 1st January 1989, the higher pay scale under the Scheme would be admissible on completion of 12 years from 1 st January 1989 and not from 12th February 1985.

(3.) As early as in 1981, the Government of Bihar resolved to establish at least 4 High Schools (now known as "Project Schools") in each block during the Sixth Five Year Plan. It was also decided that amongst 4 High Schools, one should be a Girls High School. On perusal of various Circulars issued / orders made in this respect, it appears that the said Project was implemented in several phases. In furtherance of the said Project, under Circular No.108 dated 12th February 1985, some 75 Girls? High Schools in 75 Blocks in 27 Districts were identified for taking over as the "Project Girls High Schools". One of the said High Schools was the Chandra Nayan Girls High School, Benout, Block-Ekma, District-Saran. It is the claim of the writ petitioner that he was appointed in the said Chandra Nayan Girls High School, Benout, in 1981 and that the school was taken over as Project School on 12th February 1985. Under the Government Circular dated 30th August 1991 it was decided that the teachers and non-teaching employees be provisionally recognized from the date of their appointment or from the date of taking over, whichever may be the later. The writ petitioner, having been appointed on 27th December 1981 in the school taken over on 12th February 1985, he claims to have been recognized from 12th February 1985 and claims right as a Government servant from 12th February 1985.