IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7238 of 1992 RAJNANDAN PRASAD SINHA Versus STATE & ORS ----------- 3 29.7.2008 The petitioner has filed this writ application challenging the order dated 20th May, 1992 contained in annexure-3 passed by the Director, Primary Education by which the representation filed by the petitioner has been rejected. The petitioner was initially claiming that he should be allowed to remain as a Headmaster of Middle School, Mirzapur in the District of Nalanda, however, the petitioner has now restricted his prayer to only one aspect of the matter which is that he should be granted B.A. trained scale. The facts are that the petitioner was appointed as an Assistant Teacher by the Managing Committee on 3.3.1968 and thereafter being the senior most teacher he was asked to work as Headmaster of the school in question from 30.6.1969. In pursuance of his posting as a Headmaster the Managing Committee also awarded the petitioner B.A. trained scale from 31.8.1972. The school in which the petitioner was working as a Headmaster was taken over by the State under the Bihar Non-Government Elementary School (Taking over management and control) Ordinance, 1976. After take over of the school by the State Government the petitioner’s scale of pay as B.A. trained was approved by the District Superintendent of Education, Nalanda vide memo no. 7948 dated 12.9.1986. Thereafter in the year 1991 another teacher was transferred by the State 2 Government to work as a Headmaster of the school in question. The petitioner challenged the posting made by the State Government by filing C.W.J.C. No. 2691 of 1991. In the said writ application the petitioner also challenged the order by which the B.A. trained scale granted to the petitioner was cancelled. This Court while discussing the entire matter did not interfere with the posting of the private respondent of C.W.J.C. No. 2691 of 1991 in the said school and disposed of the writ application by giving leave to the petitioner to move the Director, Primary Education, Bihar, Patna by filing a representation. The Director, Primary Education has rejected the representation of the petitioner which has resulted in filing of the present writ application. Short point involved in this case is whether the remuneration or condition of service of a teacher, officer or employee of a school can be varied after the school is taken over by the State Government. Learned counsel for the petitioner refers to Sub-section 2 of Section 4 of the (Taking over management and control) Ordinance, 1976 and submits that Sub-section 2 of Section 4 provides that “every officer and teacher or other employee holding any post or posts in school taken over by the State Government shall be deemed to be transferred as an officer, the teacher or employee of the State Government with such designation as State Government may determine and ‘shall hold’ office for the same tenure, at the same remuneration and on terms and conditions of service as he was 3 holding before taking over of the said school and shall continue to do so unless and until such tenure, remuneration, terms and conditions of service are duly altered by the State Government. It appears that under Sub-section 2 of Section 4 the remuneration of the petitioner could not have been altered as he was already enjoying the pay scale of B.A. trained before the taking over of the school. Cases have arisen because of the fact that the State Government has in some way or the other passed an order changing the terms of services of the officers/teachers/other employees of the Taken Over Schools. Learned counsel has referred to an unreported decision passed in C.W.J.C. No. 3708 of 1982 Raj Kishore Mishra Vs. The State of Bihar wherein this point has been raised and discussed by this Court. This Court has held that the petitioner who is similarly situated to the present petitioner would be entitled to the same salary as he was being paid at the time when the school was taken over. In view of the decision aforesaid I direct that the petitioner should be paid scale of a B.A. trained teacher from the date on which the order cancelling the scale had been passed. This writ application is allowed to the extent mentioned aforesaid. Sanjay (Sheema Ali Khan, J.)