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2002 DIGILAW 300 (JHR)

Sarbani Bose v. State Of Bihar

2002-03-06

SUDHANSU JYOTI MUKHOPADHAYA

body2002
ORDER S.J. Mukhopadhaya, J. 1. The writ petition has been preferred by the petitioner for direction on the respondents to provide her the salary w.e.f. March, 1997, till date in the revised scale of pay fixed from the date of her appointment i.e. 3rd January, 1994. 2. The case of the petitioner is that she obtained Teachers training from Dr. B.C. Roy Teachers Training College, which is affiliated with All India Education Society recognised by the State of West Bengal like sister Nivedita College. The petitioner claims to have been appointed as a Teacher in Ram Gopal Sen Primary Balika Vidyalaya in the year 1994 where she joined on 3rd January, 1994. Thereafter, she was paid salary, but in the pre- revised scale till February, 1997, but since March, 1997, no salary was paid in her favour. 3. The D.S.E.. West Singhbhum, Chaibasa in his counter- affidavit mainly taken plea that in view of letter No. 2124 dated let of October. 1996 from the office of Director. Primary Education. Bihar. Patna, payment of salary of teachers of aided minority school whose services have not been approved has been stopped. 4. From the pleading made by the parties and enclosures, it appears that the petitioner was appointed, vide order dated 20th December, 1993 by the Ram Gopal Sen Primary Balika Vidyalaya, Chaibasa in pursuance of advertisement published in newspaper dated 7th September, 1993, after interview and the selection. She joined the school on 3rd January, 1994 and the school forwarded her name for approval to the State authorities. The D.S.E., Chaibasa giving reference of letter No. 709 dated 4th March. 1993 of Director (Primary Education). Bihar, provisionally approved the services of petitioner w.e.f. 3rd January, 1994. In pursuance of such provisional approval, the petitioner was paid salary, but in view of Director (Primary Education), Bihars letter No. 2124 dated 1st October, 1996, her salary was stopped from march, 1997. 5. The D.S.E., Chaibasa thereafter forwarded the name of petitioner and another (Shipra Dey) for approval of their Service by the Director (Primary Education). Though, the service of Shipra Dey was approved, but the case of the petitioner was kept pending, on receipt of letter No. 1087 dated 20th May, 1998, whereby the Deputy Director of Education (Primary Education) wanted to know whether Dr. B.C. Roy Education College. Though, the service of Shipra Dey was approved, but the case of the petitioner was kept pending, on receipt of letter No. 1087 dated 20th May, 1998, whereby the Deputy Director of Education (Primary Education) wanted to know whether Dr. B.C. Roy Education College. Calcutta from where the petitioner did training was recognised by any University and Government of West Bengal or not. Thereafter, it appears that no action has been taken by one or other party. 6. Having regard to the facts and circumstances, the case is remitted to the Director. Primary Education, Jharkhand, Ranchi. The petitioner will represent before the said authority enclosing the copy of advertisement, order of appointment, documents to suggest that Dr. B.C. Roy Education college. Calcutta is recognised by the Government of West Bengal/any University. The petitioner will also forward a copy to the D.S.E... Chaibasa. 7. The Director. Primary Education. Jharkhand. Ranchi will look into the matter and if found that Dr. b.C. Roy Education College, Calcutta is recognised by Government of West Bengal and similar Institution, namely, sister Nivedita College, Calcutta has been recognised and teachers forwarded from the said College have been allowed benefit by this Court, as stated in C.W.J.C. Nos. 545 of 1990(R), and C.W.J.C. No. 2584 of 1992(R), the Director. Primary Education, Jharkhand. Ranchi will do the needful relating to approval of the services of petitioner within six weeks from the date of receipt of representation. 8. If the said authority decides to approve the services of the petitioner, the Respondents will release fund for payment of salary of petitioner within a month thereafter. 9. The writ petition stands disposed of with the aforesaid observations and directions.