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1996 Supreme(SC) 468

G.B.PATTANAIK, K.RAMASWAMY
State Of Bihar – Appellant
Versus
Ramdeo Yadav – Respondent


ORDER

Leave granted.

We have heard the counsel on both sides.

2. The admitted facts are that Raghunandan Babulal Kanya Middle School, Sukhsan was taken over by the State Government on January 13, 1981, as a consequence of the recommendation made by the Committee constituted under Section 3(4) of the Bihar Non-Government Primary School (taking over control) Act, 1976 (for short, the Act ). As on that date there were seven persons, who were teachers and other employees to whom grand-in-aid was given. Two candidates, namely, the respondents Remdeo Yadav and Raj Narain Yadav were untrained teachers appointed after 1.1.1971. They filed the writ petition in the High Court for a direction to regularise their services on the premise that they had completed the training subsequently and that, therefore, they are entitled to be deemed Government servants from 1.1.1971. The High Court in CWJC No. 1963/95, dated July 27, 1993 allowed the writ petition following its earlier Judgment holding that they must be deemed to have been appointed as on 1.1.1971 and by the date of their taking over, namely, January 13, 1981, they have already completed that training and that, therefore, they shall be regu










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