IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.11713 OF 2005 AWADESH NARAYAN, SON OF LATE JUNG BAHADUR ROY, RESIDENT OF VILLAGE KALYANPUR BASTI, POLICE STATION MOHIUDDIN NAGAR, DISTRICT SAMASTIPUR ………………………………………………………..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE SPECIAL DIRECTOR, SECONDARY EDCUATION AND PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR 3. THE DIRECTOR, SECONDARY EDCUATION (SANSKRIT), BIHAR, PATNA 4. THE CHAIRMAN, BIHAR SANSKRIT SHIKSHA BOARD, PATNA 5. THE SECRETARY, BIHAR SANSKIRT SHIKSHA BOARD, PATNA 6. THE DISTRICT EDUCATION OFFICER, SAMASTIPUR 7. THE B. D. O., MOHIUDDIN NAGAR 8. THE HEAD MASTER, BHARTI SANSKRIT HIGH SCHOOL, KALYANPUR BASTI, SAMASTIPUR 9. SANJAY KUMAR SON OF NOT KNOWN, BEHIND SANSKRIT SHIKSHA BOARD, BORING CANAL ROAD, POLICE STATION BUDHA COLONY, DISTRICT PATNA ………………………………………………………………………………….RESPONDENTS ******** FOR THE PETITIONER :- MR. RAM BILASH MAHTO, ADVOCATE MR. MANOJ KUMAR SINGH, ADVOCATE MR. DILIP KUMAR ROY, ADVOCATE FOR RES. NO. 8 :- MR. BRAJESH KUMAR PANDEY, ADVOCATE FOR THE BOARD :- MR. AWADHESH KUMAR, ADVOCATE FOR THE S T A T E :- MR. S. C. 1 ********* 10 14/03/2011 The petitioner claims to be working as a Science Teacher in the Bharti Sanskrit High School, Kalyanpur Basti, Samastipur. He was appointed much before the taking over of the Sanskrit Schools by the State of Bihar vide the 1989 Ordinance. In the year 2002, the State Government sanctioned an additional post of the Science Teacher. It appears from Annexure-4 that the Special Director has found that the respondent no. 9 Sanjay Kumar was working as a Science Teacher and as 2 such the petitioner’s pay on the post of Science Teacher has been stopped. Notices were issued to Sanjay Kumar, respondent no. 9, but he did not appear to prosecute this matter despite notices being published in the newspaper, namely, AAJ. The Sanskrit Shiksha Board has filed a counter affidavit stating therein that the petitioner’s services were not approved by the Board and that the post of the Science Teacher was only approved in the year 2002 . A counter affidavit has also been filed on behalf of the Principal of the school in question which is to the effect that there is no such person as Sanjay Kumar, respondent no. 9, who has been working as a Science Teacher in the school. In view of the stand taken by the Principal of the school in question and the fact that the petitioner claims that he was duly appointed and has been working on the post of the Science Teacher in the school in question, it does appear or may be the Special Director has wrongly noted that one Sanjay Kumar is working as a Science Teacher in the said school at Annexure-4. I, therefore, direct the petitioner to file a representation within a period of six weeks from the date of receipt of a copy of this order along with all his 3 documents including his letter of appointment, approval of the Managing Committee, as well as any other document which would show that the petitioner was working since the date of his appointment and definitely has worked till 2002. If the petitioner succeeds by producing materials to indicate that he was working as Science Teacher in the school in question , the Special Director, respondent no. 2 will pas an appropriate orders regarding the claim of the petitioner within a period of four months from the date of filing of the representation. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )