Mohammad Mumtaz Md. Hussain Ansari v. State of Bihar
2013-01-16
SAMARENDRA PRATAP SINGH
body2013
DigiLaw.ai
ORDER The petitioners have been appointed teachers in Gramoday Uchch Vidyalaya, Fatehpur, Afzalpur in the district of Vaishali. The petitioners stated that they were duly appointed as teachers in the said school on recommendation of the Managing Committee vide appointment letter dated 10.03.2008. The petitioners submit that it would appear from letter dated 1.3.2011 of the Deputy Director, Secondary Education that the teachers of aided school appointed prior to 26.3.2008 and within the staffing pattern would be entitled to grant in aid. The petitioner submit that they have been appointed on 10.3.2008 much prior to 26/3/2008 and as such they would be entitled to grant and respondents 8 and 9 have illegally withheld payment to them. 2. A counter affidavit has been filed on behalf of respondent no.9. Counsel for respondent no.8 submits that he has already filed a counter affidavit. 3. Counsel for respondent no.9 submits that the petitioners were appointed on 10.9.2008 on the basis of resolution of the Managing Committee of even date. 4. The two affidavits bring a conflicting situation. Annexure-1 annexed by the petitioner shows that the petitioners were appointed on 10.3.2008 whereas the annexure annexed by respondent no.9 shows that the petitioners were appointed on 10.9.2008. 5. Counsel for the petitioner submits that aid is granted to only such institution which has required number of teachers working in the institution on the cut off date i.e. 26.3.2008. He further submits that in case all the four petitioners were not appointed, the school itself could not have been granted aid as it would have fall short of the number of staffs required. The petitioners submit that the counter affidavit filed on behalf of respondent no.9 is incorrect and the same has been filed on account of grudge against them. 6. Having considered the facts and circumstances of the case, I think it appropriate that the Director, Secondary Education would examine the matter on receipt of the representation from the petitioners within three months thereof. The Director, Secondary Education may hear all the parties. The grant in aid which would have been otherwise apportioned to the petitioners would not be disbursed to any other staff or for any other purpose till the adjudication of the matter by the Director, Secondary Education. 7. With the aforesaid observations and directions, this writ application stands disposed of.