Shambhu Nath Singh v. State of Bihar through Principal Secretary, Human Resource Development Department
2015-12-11
SAMARENDRA PRATAP SINGH
body2015
DigiLaw.ai
ORDER : 1. Heard learned counsel for the petitioners as well as learned counsel for the State. 2. The petitioners are aggrieved by order dated 1.7.2015, passed in Case No. 910/14, 911/14, 913/14 and 914/14, passed by the District Appellate Authority, East Champaran, Motihari, whereby he expressed lack of jurisdiction to hear the appeal against cause of action which took place prior to coming into effect, 2013 Rules. 3. Petitioners were appointed as Lecturers in Maharaj Harendra Kishore College, Motihari, which was a collage approved by the Bihar Intermediate Education Council. Petitioners were removed from their post. Being aggrieved, they filed appeals before the Appellate Authority in terms of Section 13 of the Bihar State School Teachers and Employees Disputes Redressal Rules, 2013. The rules empowered the Appellate Authority to dispose of the complaint/appeal related to employment and service conditions of Niyojit Teachers, Librarians and other Niyojit employees on a fixed pay in elementary, secondary and higher secondary schools, including the Government aided minority schools. The Appellate Tribunal rejected the appeals as not maintainable on the ground that the disputes were of the period prior to enforcement of 2013 Rules. 4. In my opinion, the view taken by the Appellate Authority is erroneous. The Rules, 2013, which came into effect in no way bar the jurisdiction of Appellate Authority to hear dispute prior to it. If such view would be taken, the same would lead to anomalous situation as the appellate Authority would have no work for quite sometime Rules, 2013 was replaced by Bihar State School Teacher and Employees Complaint Redressal Rules, 2015. Again under Rules, 2015, the District Appellate Authority has been authorized to adjudicate the issues pertaining to aided secondary and higher secondary inter college affiliated to the University recognized by Bihar School Examination Board in respect of the service conditions of teaching and non-teaching employees including appointment, promotion, disciplinary matters, etc. In this view of the matter, the Appellate Authority erred in holding that he is not the authorized to hear appeals arising from cause of action acquired prior to 20.12.2013. In the circumstances, order passed by the District Appellate Tribunal is set aside and the matter is remitted for adjudications on merit.