IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.6539 OF 2002 NIRMALA YADAV, WIFE OF SHRI SURYA NATH YADAV, RESIDENT OF VILLAGE PARPALIA, POLICE STATION GUTHANI, DISTRICT SIWAN, ASSISTATN TEACHER OF YADU SAH GOPALJEE PROJECT GIRLS' HIGH SCHOOL, BHAGWANPUR HAT, POLICE STATION BHAGWANPUR HAT, DISTRICT SIWAN ..........................................................................................PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES AND DEVELOPMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 3. THE DIRECTOR, SECONDARY EDUCATION, PRIMARY, SECONDARY AND ADULT EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 4. THE DISTRICT EDUCATION OFFICER, SIWAN 5. SMT. MAMTA KESHARI, DAUGHTER OF SHRI CHANDESHWAR PRASAD SINGH, ASSISTANT TEACHER, YADU SAH GAPALJEE PROJECT GIRLS' HIGH SCHOOL, BHAGWANPUR HAT, DISTRICT SIWAN ...................................................................................RESPONDENTS ********
5 17/03/2011 The petitioner had originally challenged Annexures
3 and 5 by which the petitioner’s service as Assistant Teacher
in Project School of the Second Phase of Yadu Sah Gopaljee
Project Girls’ High School, Bhagwanpur Hat, Siwan
(hereinafter referred to as ‘the School’) was not accepted.
Initially, when the project schools were created and
recognized by the State Government, there were 09
sanctioned posts of teachers which included the Head
Master/ Mistress. In the second phase, the State Government
took the decision to reduce the number of teachers in the
school to 4 + 1. The respondent no. 5 was working on the 4th
post of Assistant Teacher. She came to this Court for a
direction to hold that she was validly working on the 4th post.
Ultimately, respondent no. 5 succeeded and the Court
directed that the case of respondent no. 5 should be
reconsidered and approved in terms of the circular no. 142
dated 04.02.1999. Apparently, the petitioner along with other
teachers aggrieved by the order of the Writ Court, filed LPA
No. 520 of 1998, which was subsequently dismissed for
In any event, vide Annexure-12, the petitioner has
been recognized as an Assistant Teacher of the School in view
of the interim order passed in LPA No. 520 of 1998.
The question as to whether the terms of the services
of the teachers of the schools which were selected in the
second phase as project schools could be varied came to be
challenged in this Court in CWJC No. 4783 of 1995 and its
analogous cases. This Court held that the service conditions
of the employees of the second phase schools or the strength
and pattern of the school cannot be altered retrospectively.
By Annexure-13, the petitioner has been given the
pay scale of an Assistant Teacher with effect from 25.01.2000.
The petitioner is aggrieved by the fact that she has been given
the pay scale from the year 2005, whereas other persons who
are similarly situated have been paid their salary from
Counsel appearing on behalf of respondent no. 5
submits that the decision of the Full Bench was taken into
consideration and implemented in the year 2005, and
therefore, the petitioner has been granted the pay scale in the
No counter affidavit has been filed on behalf of the
State in this matter.
In the result, this Court has no other option but to
refer the matter back to the Director, Secondary Education,
Government of Bihar, Patna to consider as to whether the
petitioner would be entitled to the pay scale from 01.01.1989
once she has been recognized and accepted as the 5th teacher
in the School. The decision should be taken keeping in view
the decision of the State Government taken with a respect to
persons who are similarly situated to the petitioner and are
working in project schools of the second phase.
The petitioner is directed to file a representation
within a period of one month from the date of receipt of a copy
of this order and the Director will pass an appropriate order
within a period of three months thereafter.
This application is disposed of with the aforesaid
observations and directions.
Anand ( Sheema Ali Khan, J. )