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1989 Supreme(Pat) 122

S.B.SINHA
Kanti Gupta – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.B.Sinha, J.

1. In this writ petition the petitioner has confined her claim only to the extent that the respondent had no jurisdiction to reduce the scale of pay which was being drawn by the petitioner i.e. from B.A. trained scale to matric trained scale.

2. The facts of the case lie in a very narrow compass.

3. The petitioner was appointed as Headmistress of Nav Bal Kendra Madhyamik Vidyalaya, Mithapur Patna-1 and was drawing the scale of pay of a B.A. trained teacher. From the appointment letter issued to the petitioner dated 27.3.1970 as contained in Annexure-1 to the writ petition it appears that she was appointed with effect from 2.4.1970. Pursuant to the said offer of appointment the petitioner joined the said school.

4. Petitioners appointment as Headmistress was confined on 28.8.1974 and she was allowed to draw salary of a B.A. trainee teacher. From Anaexure-2 i.e. a memo bearing No. 531, dated 28.8.1974 issued by the Sub-divisional Education Officer, Patna Sadar it appears that the petitioners scale of pay was that of a B.A. trained teacher.

5. The said school was taken over under the provision of the Bihar Non-Government Elementary School (Taking over of Control)



















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