IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.826 of 2009 RAGHUNI SAHU, S/O LATE B. LAL SAHU, RESIDENT OF VILLAGE-NVHATH, P.O.-LOHAT, DISTRICT-MADHUBANI ……………… PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, SECONDARY EDUCATION, BUDH MARG, PATNA 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, DARBHANGA DIVISION, DISTRICT-DARBHANGA 5. THE DISTRICT MAGISTRATE, MADHUBANI DISTRICT- MADHUBANI 6. THE DISTRICT EDUCATION OFFICER, MADHUBANI, DISTRICT-MADHUBANI 7. THE HEADMASTER, RAMA DUTTA JANTA HIGH SCHOOL, JITWARPUR, DISTRICT-MADHUBANI ……………. RESPONDENTS ----------- 05. 25.07.2011 Heard learned Counsel for the petitioner and the State. Petitioner was appointed as Assistant Teacher in Rama Prasad Dutta High School by the Managing Committee of the School on 01.12.1978. The school was taken over by the Government of Bihar, vide notification dated 31.12.1981. At the time of the taking over the school, the strength of untrained Teachers in the School was 16. Petitioner’s position in order of seniority was 11th. Considering the Teacher and student’s ratio, the approved sanctioned strength of untrained Teacher was 6 only at the time of the taking over of the school. The order contained in Memo No. 4498, dated 8th of November, 1988 was issued by the Director, Secondary 2 Education, Government of Bihar, Patna, whereby the name of six Teachers were notified as absorbed against existing sanctioned post. The absorption was made in order of seniority. Petitioner whose name was at serial no. 11 was subsequently absorbed vide letter contained in Memo No. 790, dated 22.02.1991 with effect from the date of issuance of the letter. Prayer of the petitioner is that the Respondents be directed to recognize his service against the sanctioned post of Teacher with effect from 31.12.1981 and to grant him all consequential benefits with effect from the 31.12.1981 in stead of 27.02.1991. The Counter Affidavit filed on behalf of the District Education Officer, Madhubani, Respondent No. 6 indicates that since there were only six sanctioned post of untrained Teachers in the School, as such only six founder untrained Teachers were allowed payment with effect from 31.12.1981. Later on, in the light of the direction of the Government, some more sanctioned posts were made available and the name of the petitioner at serial no. 11 amongst the founder Teacher also absorbed with effect from the date of issuance of letter i.e., 27th of November, 1991. I find that the prayer of the petitioner 3 regarding absorption of his service against the sanctioned post with effect from 31.12.1981 can not be allowed in the given facts and circumstances of the case. Since sanctioned posts were not available, petitioner can not claim payment of salary as Assistant Untrained Teacher with effect from 31.12.1981. He has rightly been absorbed and paid salary with effect from the date of the availability of the sanctioned post. Accordingly, this application is dismissed. SKM (Mridula Mishra, J.)