IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.726 of 2008 Uday Singh, Son of Sri Kamta Prasad Singh, Resident of Quarter No.170(B) Marshaling Yard, P.O. Gaya (R.S.), P.S. Delha, District Gaya………………………………………………………………………..Petitioner Versus 1. The State Of Bihar. 2. The Secretary, Department of Education, Bihar, New Secretariat, Patna 3. The Director, Department of Primary Education Bihar, New Secretariat, Patna. 4. The District Superintendent of Education, Gaya………………………………………………………………….Respondents ----------- 3 31.08.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. Prayer in this writ application has been made for a direction to the respondents to pay arrears of salary and other allowances of the post of Assistant Teacher since 01.04.1984 on the ground that petitioner was appointed by the Managing Committee of Government Aided Non- Government Middle School, Maranpur, Gaya and since then he continued as such. There is nothing on record to show that the school was taken over by the Government at any point of time. Learned counsel for the petitioner submits that the school was granted temporary recognition vide Annexure-4 dated 25.02.1969. Therefore, the school was, at least, entitled for release of grant for payment of living 2 allowance and loss of fees to the teachers of the school. He submits that since the petitioner was appointed on 01.04.1984 and has continued therein, he is entitled for, at least, living allowance and loss of fees. A counter affidavit has been filed in which it has specifically been stated that after the Take Over Act, 1976 came into force, the provision for grant of living allowance and loss of fees stood abolished. Thereafter no school was recognized and was entitled for such grant. Admittedly, petitioner was appointed in 1984 much after the Take Over Act came into force. There is no other document on record to show that services of the petitioner was ever recognized by the respondents. In the circumstances, this Court is unable to accept the claim of the petitioner for payment of living allowance and loss of fees. The writ petition is dismissed. BT (J. N. Singh, J.)