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2013 Supreme(SC) 604

S.S.NIJJAR, RANJAN GOGOI
SHIV NANDAN MAHTO – Appellant
Versus
STATE OF BIHAR – Respondent


Advocates Appeared:
Dinesh Chandra Pandey, Advocate, for the Appellant;
Chandan Kumar (for Gopal Singh), Advocate, for the Respondents.

ORDER

1. We have heard learned Counsel for the parties.

2. Leave granted.

3. The Appellant was appointed against a permanent post of Clerk in the Raj Kishore Balika High School; Narhan, Samastipur, Bihar on 31.12.1978. He joined on the said post on 1.1.1979. Subsequently, the aforesaid school was granted permission by the Directorate of Secondary Education vide office memo No. 31346 dated 19.11.1981 for establishment of the aforesaid school. The school was inspected by the special Board on 6.8.1982. In the inspection report, the name of the Appellant was inadvertently/wrongly shown as a Librarian. On coming to know of the aforesaid wrong entry, the Appellant submitted a representation before the Directorate of Secondary Education seeking correction thereof. On 1.5.1983, the inspection committee submitted its report and confirmed that the Appellant had been working as a clerk since the very beginning in the aforesaid school. The school was taken over by the Government of Bihar on 2.8.1983 in terms of the provisions of Section 3 of the Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Act, 1981. The services of the Appellant were not taken over, as his name





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