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1996 Supreme(Pat) 725

J.N.DUBEY, INDU PRABHA SINGH
Ram Babu Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioners: M/s Bal Bhadra Pd. Singh, Ashok Kuamr Sinha 3; M/s Chandra Shekhar, Tara Nath Jha,
For the State : M/s B.N. Singh, Ram Priya Sharan Singh.

JUDGMENT

Dr. J. N. Dubey, J. - Petitioners have filed these writ petitions for issuing a writ of mandamus commanding the respondents to treat them teachers of the State Government and pay them salary from the date of taking over of their schools under the Bihar Non-Government Elementary Schools (Taking Over of Control) Act, 1976 (for short 'the Act').

2. The claim of the petitioners in C.W.J.C. No. 1998 of 1992 is that they were appointed as Assistant Teachers in the Bindeshwari Prasad Yadav Middle School, Mangashihol, Marana, District Supaul (Saharsa) (for short 'the school') by its Managing Committee on 21.11.1971 and 30.11.1972 respectively in the pay scale of untrained matric teachers. The school was taken over by the State Government under Section 3(2) of the Act on 12.1.1981. While five assistant untrained matric teachers of the school, who were appointed prior to 1.1.1971, were given regular pay scale of untrained teachers, the petitioners were sent for training in the Primary Teachers Training College, Sakhasohan, Manhorra, Madhepura. After completing their training on 31.5.1983, they joined the school in the forenoon of 2.6.1983 and since then they have been continuously wor

















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