Bihar Arajkiya Prathmic Shikshak Sangharsh Samiti v. State of Bihar
2006-04-17
body2006
DigiLaw.ai
ORDER The petitioner is a Shikshak Sangharsh Samiti. Its prayer is to release the budgetary allocation/allotment to the tune of Rs. 2,34,62,34,990/- forthwith for the aid to the teaching and non-teaching employees of remaining 390 recognised Non-Government Elementary/Prathmic/ Middle School out of 54000 and also for direction to the respondents to implement and enforce the rights and benefits accrued to the employees of 390 recognised Non-Government Elementary/Prathmic/Middle Schools by issuance of the notifications. 2. It appears from the reliefs prayed for that the writ petition in the nature of public interest litigation is not maintainable as it has been filed for payment of wages/salary to the teaching and non-teaching staff of the schools. However, counsel for the petitioner stated that a decision with respect to taking over the 390 schools was taken by the Cabinet on 16.1.1990. Even if the contention of the petitioner is accepted it is obvious that such decision has not been implemented. Furthermore it appears from the letter dated 29.4.1993 that the matter with respect to taking over the 390 schools in a meeting dated 16.1.1990 was re-considered and it has been stated that the details of each school i.e. the date of establishment, recognition, land, building and recommendation for taking over the schools are not available with respect to 390 schools which makes the position doubtful. 3. However, without expressing any opinion on the aforesaid factual aspect of the matter, we are of the view that the writ petition in the nature of public interest litigation is not maintainable and it is accordingly disposed of permitting the petitioner to file a detailed claim before the competent authority/the State of Bihar and if such a grievance/detailed claim is made the competent authority/the State of Bihar will consider the grievance of the petitioner and pass necessary order in accordance with law.