Hit Narain Kapri vs The State of Bihar and Others

Ravi S. Dhavan, C.J. and Navin Sinha, J.—Not noticed in the order by which the writ petition was decided but brought to the notice of the court is a communication of the State government to which neither of the parties have taken any issues. This is a letter dated 16.10.1981, which reads as below:

The State Counsel accepts that the date will be reckoned as from the date of recognition of the institution. In the present case, it is on the basis of the report dated 23.6.1976. The communication of the State government is dated 16.10.1981. In the circumstances, even if 7 or 10 years are reckoned from the date of recognition the Petitioner - Appellant becomes entitled to be recognized as a Headmaster. But as the State government keeps issuing letter after letter and changing the norms, as a consequence of the communication dated 16.10.1981 7 years be reckoned from 28.6.1976 when the school was recognized.

In the facts and circumstances of the present case, after passing of 7 years from the date of recognition and in accordance with the instructions of the State government, the Appellant becomes entitled to be designated as a Headmaster. All consequential benefits also be modified accordingly and paid within two months from today.

Thus, the appeal stands allowed.