Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bihar Non-Government Secondary Schools (Taking over of Control and Management) Act 1981 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bihar Non-Government Secondary Schools (Taking over of Control and Management) Act, 1981 – ss. 9, 15 – Bihar Taken over Secondary Schools (Service Conditions) Rules, 1983 – Bihar Government Higher Secondary Schools (Service Conditions) (Amendment) Rules, 2009 – Bihar Education Code – Art. 790 – High Court declared that the +2 lecturers, both in the Government and the nationalized (taken over) secondary schools, appointed pursuant to adv.no. 1/87, were always part of the Bihar Subordinate Education Service (BSES) and are entitled to be merged with the Bihar Education Service Class II (BES) pursuant to the Government decision dated 07.07.2006 – It also interfered with the impugned notification dated 23.06.2009 which provided for the encadrement of the +2 lecturers with the teachers in the nationalized secondary schools, which was found to be in contravention of Art. 790 of the Bihar Education Code and also contrary to the Government’s decision dated 07.07.2006 and the Adv. No. 1/87 – Impugned order dated 06.10.2006 and the notification dated 23.6.2009 were quashed and set aside – Justification of – Held: +2 lecturers’ posts were created in the BSES Cadre – This was represented in the Notification dated 13.11.1985, and also in the Adv. No. 1/87 – Conduct of the Government in providing pay scale parity with the BSES teachers in the secondary schools, reinforces such conclusion – These relevant and attending circumstances eclipse the implication of the ex-cadre reference in the appointment letters – The encadrement through notification dated 23.06.2009 has frustrated the legitimate expectations of the respondents and was undertaken with the unfair aim to block the respondents’ promotion to key positions, particularly in the administrative wing of the Education department – Such unfairness in State’s action cannot be countenanced – +2 lecturers are indeed the members of the Subordinate Educational Service – State Government must treat the +2 lecturers appointed pursuant to the Advertisement No. 1/87 as members of the Subordinate Educational Service and all service benefits as the members of the Subordinate Educational Service should be extended to them – No reasons to interfere with the impugned judgment – Service Law. Doctrines/Principles – Doctrine of Legitimate Expectation – Discussed. |
Judge | Hon'ble Mr. Justice Hrishikesh Roy |
Neutral Citation | 2022 INSC 516 |
Petitioner | State Of Bihar & Ors. |
Respondent | Shyama Nandan Mishra |
SCR | [2022] 11 S.C.R. 1136 |
Judgement Date | 2022-05-05 |
Case Number | 7364 |
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