IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9322 of 2009 SHREEDHAR PANDEY, SON OF LATE RAM PARASAN PANDEY, RESIDENT OF VILLAGE-KILLA, MOHALLA-BETTIAH, P.O.+P.S.- BETTIAH, DISTRICT-WEST CHAMPARAN……… PETITIONER. Versus 1. THE STATE OF BIHAR 2. The Commissioner-cum-Secretary, Education Department , Government of Bihar, Patna. 3. The Special Director, (Secondary Education), Bihar, Patna. 4. The Chairman, Bihar Sanskrit Shikcha Board, Patna. 5. The Secretary, Bihar Sanskrit Shikcha Board, Patna …………… ………… Respondents. ----------- 2. 18.08.2009 Heard learned counsel for the petitioner, Sanskrit Shikcha Board and the state. Petitioner has filed this application for a direction to the respondent-authorities to make payment of salary with all emoluments and interest which is due from December, 1995. Petitioner’s case is that relief which has been prayed for by him, has already been decided by this court in the judgments and orders contained in Annexures- 7, 8 & 10. Petitioner was appointed by Managing Committee on 11.02.1974 which was approved by Sanskrit Shikcha Parishad by Memo No. 592 dated 01.09.1974 on temporary basis. Subsequently, vide Memo No. 3851 dated 07.07.1976, his services was approved permanently by Bihar Sanskrit Shikcha Parishad, Patna. Petitioner’s case is that his appointment comes within the sanctioned posts as per the staffing pattern of school which is 7+2. Petitioner’s name comes at serial No. 5, as 2 such, he is well within the sanctioned posts of this school as per the staffing pattern. On perusal of the earlier judgments of this court passed in C.W.J.C. No. 8437 of 1999 , and the order passed by the L.P.A. Bench, in L.P.A. No. 715 of 2000 as well as the latest decision (Annexure-10) passed in C.W.J.C. No. 12517 of 2005, it is apparent that case of the petitioner is fully covered by these judgments. Petitioner’s appointment was made in the year, 1974 much before the 1999 Ordinance. The Supreme Court also in such cases, has directed to make payment of salary in the old rate prior to the enforcement of the Ordinance i.e. in the 1989 scale. Petitioners in the earlier writ petition were also not paid their salary since 1995 for the reasons that the state government has challenged the judgment passed in Subhash Chandra’s case before Supreme Court. In the judgment annexed as Annexure-10 , this issue has been considered and a direction has been issued to the State Government to pay salary to the persons working against sanctioned posts and since the Supreme Court had has also issued same direction to the State Government even though the matter is before the Supreme Court and pending for final disposal. Accordingly, this writ application is being disposed of directing the respondents-state as well as the Sanskrit Shikcha Board to make payment of salary to the petitioner at the old rate. Arrears of his salary since 1995 till date should be 3 paid and the current payment should also be made to the petitioner on continuous basis. The payments must be made to the petitioner within eight weeks from the date of production/receipt of the order. akv/ ( Mridula Mishra, J )