IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4002 of 2009 ====================================================== Gita Rani, Wife of Shri Naresh Kumar Ambasta, resident of Mohalla – Anandpuri, Thana Road Khagaul, Patna, P.S. Khagaul, District – Patna. .... .... Petitioner. Versus 1. The State Of Bihar through Secretary –cum- Commissioner, Human Resources Development Department, Govt. of Bihar, Patna. 2. The Director, Primary Education, Govt. of Bihar, Patna. 3. The District Superintendent of Education, Patna Collectoriate Compound, Patna. 4. The Head Master-cum- Drawing Disbursing Officer, Nagarpalika Middle School, Khagaul, Patna. 5. Incharge Head Master, Railway Boys Middle School, Neura Colony, Khagaul, Patna. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Nand Kumar Singh, Advocate For the State : Mr. Maheshwar Dhar Dwivedi, SC 23 Mr. Sudhir Kumar Singh, AC to SC 23 ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 04/ 30-08-2011 Petitioner was appointed as Assistant teacher in Ghanshyam Girls Middle School, Khagaul, Patna by the Managing Committee of School on 2.8.1971. The school was government aided school. The management of the school was taken over by the State Govt. with effect from 1.1.1971 in the light of the Govt. resolution dated 9.2.1973 and vide letters dated 4.6.1973 and 9.7.1973. The school in which petitioner appointed and working was taken over in the first phase by the State Govt. In case of such government aided schools regularly appointed teachers became Patna High Court CWJC No.4002 of 2009 (4) dt.30-08-2011 2 / 3 2 entitled for the salary in the regular pay with effect from 1.1.1971. However, the Govt. resolved that schools, which have been taken over in the first phase with effect from 1.1.1971, regularly appointed teachers in such schools will be paid their difference of salary for the period 1.1.1971 to 31.3.1973 by way of depositing this amount payable at the time of their superannuation as GPF. Petitioner’s grievance is that similarly situated teachers of this very school have been paid difference of their salary for the period 1.1.1971 to 31.3.1973 with interest at the time of their superannuation, but her claim has been rejected by the D.S.E., Patna for some non-existent ground. I find in the counter affidavit filed on behalf of the State also in para 6 it has been stated that only teachers working in the Non-government Elementary Schools, whose services prior to taking over under the control of Govt. was under the control of Zila Parisad or Municipality, are entitled for difference of salary for the period 1.1.1971 to 31.3.1973. This statement is completely contrary to the Government’s resolution dated 9.2.1973. The school in which petitioner was working comes within that category (anga), as such payment of difference of salary for this period is also payable to the petitioner. In the facts and circumstance, the order passed by the Patna High Court CWJC No.4002 of 2009 (4) dt.30-08-2011 3 / 3 3 D.S.E., Patna contained in letter No. 4740 dated 5.7.208 is quashed. The respondent D.S.E. now District Education Officer, Patna is directed to make payment of difference of salary to the petitioner for the period 2.8.1971 to 31.3.1973 with statutory interest within eight weeks from the date of communication/production of this order. This application is allowed. DKS/ (Mridula Mishra, J)