IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8816 of 2008 RAVINDRA NATH SINGH, S/O LATE KAPILDEO SINGH, R/O VILLAGE AND P.O.-RAMCHAURA, P.S.-ISUAPUR, DISTRICT-SARAN AT PRESENT WORKING AS ASSISTANT TEACHER IN THE HIGH SCHOOL BHITHI SAHABUDDIN, P.S.-BANIAPUR, DISTRICT-SARAN. …………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY DEPARTMENT OF H.R.D., GOVERNEMNT OF BIHAR, NEW SECRETARIAT, BELLY ROAD, PATNA. 3. THE DIRECTOR, SECONDARY EDUCATION, GOVT. OF BIHAR, BUDHA MARG, PATNA. 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, SARAN DIVISION AT PATNA. 5. THE DISTRICT EDUCATION OFFICER, CHAPRA, SARAN. …………RESPONDENTS. With CWJC No.8920 of 2008 YOGENDRA SINGH, S/O LATE RAM KISHORE SINGH, R/O VILLAGE-NARHARPUR, P.S.-MARHAURAH, DISTRICT-SARAN AT PRESENT ASSISTANT TEACHER RANA PRATAP HIGH SCHOOL, RAMPUR KALA, P.S.- KHAIRA, DISTRICT-SARAN. …………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF H.R.D., GOVERNMENT OF BIHAR, NEW SECRETARIAT, BELLY ROAD, PATNA. 3. THE DIRECTOR (SECONDARY EDUCATION), GOVT. OF BIHAR, BUDHA MARG, PATNA. 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, SARAN DIVISION AT PATNA. 5. THE DISTRICT EDUCATION OFFICER CHAPRA, SARAN. ……………RESPONDENTS. With CWJC No.10926 of 2008 BRIJ NANDAN RAI, S/O LATE AKSHAYLAL RAI, R/O VILLAGE AND P.O.-PARSOUNA, P.S.-PARSA, DISTRICT-SARAN AT PRESENT IN-CHARGE HEAD MASTER, J.D. PROJECT GIRL’S HIGH SCHOOL (NOW UPGRADED +2 LEVEL EDUCATION) PARSOUNA, P.S.- PARSA, DISTRICT-SARAN. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY DEPARTMENT OF H.R.D. GOVT. OF BIHAR, NEW SECRETARIAT, BELLY ROAD, PATNA. 2 3. THE DIRECTOR, SECONDARY EDUCATION, GOVT. OF BIHAR, BUDHD MARG, PATNA. 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, SARAN DIVISION AT PATNA. 5. THE DISTRICT EDUCATION OFFICER, CHAPRA, SARAN. …………RESPONDENTS. With CWJC No.11627 of 2008 HARENDRA PRASAD SINGH, S/O LATE SARYU SINHA, R/O VILLAGE-MOLNAPUR, P.S.-BHELDI, DISTRICT- SARAN AT PRESENT ASSISTANT TEACHER IN SARAN ACADEMY, CHAPRA, DISTRICT-SARAN. …………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF H.R.D., GOVT. OF BIHAR, NEW SECRETARIAT, BELLY ROAD, PATNA. 3. THE DIRECTOR, SECONDARY EDUCATION, GOVT. OF BIHAR, BUDHA MARG, PATNA. 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, SARAN DIVISION AT PATNA. 5. THE DISTRICT EDUCATION OFFICER, CHAPRA, SARAN. ………RESPONDENTS. ----------- For the Petitioners : Mr.Suresh Prasad Singh No.-1, Adv. and Mr. Vitesh Kumar Singh, Adv. For the State : Mr.Shiv Kumar, AC to GA-7, Mr.Rewti Kant Raman, AC to GP-13 and Mr. Pawan Kumar, AC to GA-5. ------------ 2 19.09.2011 Initially CWJC No.8816 of 2008 was filed by four petitioners. However, in view of the objection by the Stamp Reporter, the names of three petitioners were expunged and the writ petition was confined only in respect of one petitioner. The remaining three petitioners have filed separate writ 3 applications and they are being taken up together as the issues are identical. Since at the initial stage the four petitioners had joined together the relevant documents in respect of them are available on record in the first writ application itself, reference are being made to the documents available on the records of first writ application only. The four petitioners were appointed as teachers in different Schools. Sometime in 1981-82 the State Government took a policy decision to take-over four schools of a block, including one Girl’s School, as Project Schools. Some schools were selected for the purpose in the year 1984-85 in the first phase. Under the Department’s order contained in letter no.108 dated 12.02.1985 the respective schools of the petitioners were also selected for take-over. As a consequence of such decision, a Screening Committee was constituted for take-over of the services of the teaching and non-teaching employees of the Schools and its assets. No decision was taken by the Screening Committee for quite sometime. Hence, petitioners moved this Court through CWJC No.7331 of 1990, for 4 a direction to the Screening Committee to complete the proceeding and make its recommendation for take-over of the services of eligible teaching and non-teaching employees. The said writ application was disposed of by order dated 17.12.1990, vide Annexure-1, with a direction to the Director, Secondary Education to hold a meeting of the Screening Committee and dispose of the matter finally for making the recommendations within three months. In compliance to the said order, it appears that, meeting of the Screening Committee was held and the cases of the petitioners and others of the schools, which had been notified by said letter no.108 dated 12.02.1985, was taken up. The petitioners were found fit for their services being taken-over by the Government. Hence, by letter of the Human Resources Development Department, contained in memo nos.834, 835 and 836 dated 30.08.1991, their services were approved on provisional basis. Copies of the said letter are Annexure-2 series with the first writ application. It was mentioned in the letter that their services shall stand 5 approved from the date of their appointment or from the date of selection of the School for take-over, whichever was later. Letters show that the petitioners were appointed in the School prior to 12.02.1985 on which date the respective Schools were selected for take-over. Hence, services of the petitioners stood approved with effect from 12.02.1985. However, it was mentioned in the letter that they shall also entitled for payment of salary etc. with effect from 01.01.1989 only. That meant that they were made entitled for monetary benefits with effect from 12.02.1985 only and not for earlier period, although their services stood approved with effect from 12.02.1985 itself. Petitioners continued in service and in due course of posting they were posted in different schools and their cases were considered by the Department for grant of higher pay scale on completion of 12 years of service, which was granted to them by office order of the Regional Deputy Director of Education, Saran Division, Chapra contained in memo no.1253 dated 27.06.1981. For this purpose their 12 years of service was counted 6 from 12.02.1985. However, later on the respondents have refused to count their service of the period 12.02.1985 to 31.12.1988 for the purposes of grant of revised scale of pay and other monetary benefits, on the ground that they were held entitled for monetary benefits only with effect from 01.01.1989. For this purpose, the respondents have sought to place reliance on letter no.34 dated 29.01.2008 which they have produced along with their supplementary counter affidavit. Along with the supplementary counter affidavit one judgment of the Apex Court has also been annexed as Annexure-D. This Court has perused the said letter no.34 dated 29.01.2008. From bare reading of this letter, it is apparent that it deals with only those teachers of 1984-85 whose services were approved with effect from 01.01.1989 and were allowed payment of salary from that date. They were held entitled for payment of salary of the higher scale on completion of 12 years of service by counting their service only with effect from 01.01.1989. Clearly this letter does not 7 apply to the petitioners. The orders of the Department, as contained in Annexure-2 series, show that the services of the petitioners were approved from the date of their appointments or from the date of selection of the Schools for its taken-over. This makes it abundantly clear that the services of the petitioners stood taken-over with effect from 12.02.1985, which was the date of notification of selection of the respective Schools for take-over. True it is that they were held entitled for payment of monetary benefits etc., consequent to approval of their services, only with effect from 01.01.1989. The judgment of the Apex Court, annexed with the supplementary counter affidavit, does not deal with the teachers who were taken-over with clear stipulation that their services shall stand approved from the date of selection of the School itself. The judgment deals with those schools and teachers who have been taken-over by the State Government in subsequent phases. Learned counsel for the petitioners has placed an order dated 08.09.2011 passed by a learned Single Judge of this Court in 8 CWJC No.1173 of 2009. After going through the said order, this Court finds that the cases of these petitioners are squarely covered by the said order, wherein it has been held that the petitioner of the case shall be entitled to benefits of his continuance service from 12.02.1985. Petitioners’ cases are also identical to the case of the said petitioners of the said case. The writ applications are accordingly allowed. The respondents are directed to consider the services of the petitioners as taken-over with effect from 12.02.1985 itself for the purposes of consequential benefits except for the monetary benefits of the period 12.02.1985 till 31.12.1988 which period has to be included in their service for notional purposes only. Arvind/ ( J.N. Singh, J.)