IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12922 of 2000 DEVENDRA MISHRA son of Ram Sakal Mishra resident of Village Mishrawalia P.O.Jalalpur District Chapra. Versus 1.THE STATE OF BIHAR 2.The Director, Secondary Education, Bihar Patna. 3.. The District Education Officer, Chapra. ----------- 5 16.1.2009. This application has been filed by the petitioner for quashing the order contained in Memo no.567 dated 30.6.2000 issued by the Director, Secondary Education Bihar, Patna whereby the claim of the petitioner for appointment on the post of Peon in Shankar Dayal Singh Girls High School, Jalalpur has been rejected. Further prayer of the petitioner is for a direction to the respondents to make payment of arrears of salary as well as current salary as he claims to be continuing on the post since 22.6.1979. Shankar Dayal Singh Girls School was established in the year 1979. It was being managed by Managing Committee constituted on 20.6.1979. Petitioner’s claims is that the meeting of the Managing Committee was held on 22.6.1979. and a decision was taken to appoint teaching and non teaching employees of the school. In this very meeting petitioner was appointed as Peon on the 3rd post though there were only two sanctioned posts of peon. This decision was taken considering the number of students in school. The school in question was taken over in the year 1982 with all its assets and liability including the services of teaching and non teaching staffs. Petitioner’s case is that the Headmistress of the school after taking over of the school wrote to the Director, Secondary Education - 2 - Bihar Patna vide letter no. 8 dated 16.1.1983 and subsequent letter dated 29.9.1983 for giving approval of the appointment of the petitioner on the post of Peon. Similar letter was sent by the Headmistress of the school on 25.8.1986 to the Director, Secondary Education, Bihar, Patna, but there was no response. The Additional Collector, Saran Chapra vide letter no.554 dated 12.6.1995 directed the District Education Officer, Chapra to conduct an enquiry in this matter and send a report relating to the appointment of the petitioner. The report was submitted vide letter dated 12.6.1995. The Additional Collector in his report stated that one post of Peon is still vacant in the school. The petitioner has placed reliance on the subsequent enquiry report conducted by the District Superintendent of Education Saran contained in letter no.594 dated 9.7.1998 wherein it is mentioned that one post of Peon is vacant in the school and petitioner’s appointment can be considered on the said post. Counter affidavit filed on behalf of respondent no.3 the District Education Officer, Chapra indicates that as per Rule 28 of the Take Over Act of the Government only two posts of peon were sanctioned for the school in question as such at the time of taking over of the school. Rrecords of the school also indicate that two peons were working in the school prior to taking over of the school. So far the petitioner is concerned his name was not included in the list of employees in the school register and he was not being paid salary from the school. There was no 3rd sanctioned post. In this background petitioner can not claim that he continued and discharged his duty as - 3 - peon since 22.6.1979. From the impugned order it also transpires that at the time of taking over of the school no document relating to petitioner’s appointment were produced. Counsel for the petitioner submits that admittedly there is vacancy on the post of peon and Annexure-3 and 4 also show that prior to 1995 communication regarding petitioners appointment started in fact immediately after taking over of the school. In this background the respondents should re-consider his case. Considering the submission of the counsel for the petitioner and documents annexed with the writ application and the counter affidavit no specific direction can be issued. However, the petitioner, if so advised may represent before the authority concerned, reiterating his claim, which may be considered by them in accordance with law. This writ application is dismissed. Sss/- (Mridula Mishra, J)