Chulhai Prasad Singh vs The State of Bihar and Others

T. Meena kumari, J.—The present appeal has been filed against the order dated 12.05.2009 passed in C.W.J.C. No. 863 of 2008 whereby the learned Single Judge rejected the claim of the writ Petitioner-Appellant herein for regularizing his services with effect from 21.01.1976 i.e. the permission granted by the authorities for establishment of the Respondent-school where he was working.

The learned Single Judge refused to grant such relief on the ground that in view of provisions of the Bihar Taken-Over Secondary Schools (Service-Condition) Rules, 1983, all the previous Circulars and the Rules deemed to have been repealed in terms of Sub-rule (1) Rule 21 of the statutory Rule.

The learned Counsel appearing on behalf the Appellant has brought to our notice a circular dated 1.3.1977 contained in annexure-2 to the supplementary affidavit in this L.P.A. filed by the state wherein it has been stated that the date of establishment would be taken as the date of joining.

The learned Counsel appearing on behalf of the Appellant has further brought to the notice of this Court the provision of Sub-clause (2) of Section 10 of the Bihar Taken-Over Secondary Schools (Service-Condition) Rules, 1983 which deals with the repeal and saving clause which says that anything done by the State or any action taken under such rules and orders shall be deemed to have been done or taken under these rules, as if these Rules were in force on the date on which such thing was done or action taken. Learned Counsel for the Appellant also argued that even though the Appellant has approached this Court when his services were terminated as untrained teacher, this Court has quashed the said order and directed the State to treat the untrained teachers as trained. Accordingly, he has been appointed and continued in service.

Having heard learned Counsel for the State and also taking into consideration the Circular contained in Annexure-2 to the supplementary affidavit which indicates that the date of establishment should be the date of joining of any teacher, we are of the opinion that the Appellant is entitled for the relief sought for in this L.P.A. under Sub-clause (2) of Section 20 of the Bihar Taken-Over Secondary Schools (Service-Condition) Rules, 1983 as any action taken under the above circular shall be deemed to have been taken under the present Rule. In view of the semi-clause, we are of the opinion that the order of learned Single Judge has to be set aside and the date of joining of the Appellant has to be construed as 21.01.1976.

Accordingly, the order of learned Single is set aside and a direction is issued to the Respondent to treat the date of joining of the Appellant as 21.01.1976 and accordingly, his pension should be fixed on that basis as expeditiously as possible.

With the above observation, the appeal stands allowed.