Awadesh Narayan vs The State of Bihar and Others

Sheema Ali Khan, J.—The Petitioner claims to be working as a Science Teacher in the Bharti Sanskrit High School, Kalyanpur Basti, Samastipur. He was appointed much before the taking over of the Sanskrit Schools by the State of Bihar vide the 1989 Ordinance. In the year 2002, the State Government sanctioned an additional post of the Science Teacher. It appears from Annexure-4 that the Special Director has found that the Respondent No. 9 Sanjay Kumar was working as a Science Teacher and as such the Petitioner''s pay on the post of Science Teacher has been stopped.

Notices were issued to Sanjay Kumar, Respondent No. 9, but he did not appear to prosecute this matter despite notices being published in the newspaper, namely, AAJ.

The Sanskrit Shiksha Board has filed a counter affidavit stating therein that the Petitioner''s services were not approved by the Board and that the post of the Science Teacher was only approved in the year 2002.

A counter affidavit has also been filed on behalf of the Principal of the School in question which is to the effect that there is no such person as Sanjay Kumar, Respondent No. 9, who has been working as a Science Teacher in the School.

In view of the stand taken by the Principal of the School in question and the fact that the Petitioner claims that he was duly appointed and has been working on the post of the Science Teacher in the School in question, it does appear or may be the Special Director has wrongly noted that one Sanjay Kumar is working as a -Science Teacher in the said school at Annexure-4.

I, therefore, direct the Petitioner to file a representation within a period of six weeks from the date of receipt of a copy of this order alongwith all his documents including his letter of appointment, approval of the Managing Committee, as well as any other document which would show that the Petitioner was working since the date of his appointment and definitely has worked till 2002. If the Petitioner succeeds by producing materials to indicate that he was working as Science Teacher in the School in question, the Special Director, Respondent No. 2 will pass an appropriate orders regarding the claim of the Petitioner within a period of four months from the date of filing of the representation.

This application is disposed of with the aforesaid observations and directions.