IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14360 of 2009 VINOD KUMAR PASWAN, S/o Sri Dineshwar Paswan, R/o Village- Ishmailpur, P.O.-Ishmailpur, P.S.-Hajipur Sadar, District-Vaishali. ………….Petitioner. Versus 1. The State of Bihar through the Commissioner-cum-Secretariat, Department of Education, Government of Bihar, New Secretariate, Bihar, Patna. 2. The Director, Department of Secondary Education, Government of Bihar, New Secretariate, Bihar, Patna. 3. The Director, Department of Primary Education, Government of Bihar, New Secretariate Bihar, Patna. 4. The District Magistrate, Vaishaili. 5. The District Education Officer, Vaishali. 6. The District Superintendent of Education, Vaishali. 7. The Block Education Extension Officer, Hajipur Block, District- Vaishali. 8. The Block Education Extension Officer, Hajipur Block, District- Vaishali. 9. The Panchayat Secretary, Gram Panchayat Ishmailpur, Block- Hajipur, District-Vaishali. 10. The Mukhiya, Gram Panchayat Ishmailpur, Block-Hajipur, District- Vaishali. ……….Respondents. with CWJC No.14361 of 2009 HARI MOHAN PRASAD, S/o Sri Binda Prasad Rajak, R/o Village- Daulatpur Candi, P.O.-Haraul, P.S.-Hajipur Sadar, District-Vaishali. ………Petitioner. Versus 1. The State of Bihar through the Commissioner-cum-Secretariat, Department of Education, Government of Bihar, New Secretariate, Bihar, Patna. 2. The Director, Department of Secondary Education, Government of Bihar, New Secretariate, Bihar, Patna. 3. The Director, Department of Primary Education, Government of Bihar, New Secretariate Bihar, Patna. 4. The District Magistrate, Vaishaili. 5. The District Education Officer, Vaishali. 6. The District Superintendent of Education, Vaishali. 7. The Block Education Extension Officer, Hajipur Block, District- Vaishali. 8. The Block Education Extension Officer, Hajipur Block, District- Vaishali. 9. The Panchayat Secretary, Gram Panchayat Ishmailpur, Block-Hajipur, District-Vaishali. 10. The Mukhiya, Gram Panchayat Ishmailpur, Block-Hajipur, District- Vaishali ……….Respondents. 2 with CWJC No.14362 of 2009 NARESH KUMAR PASWAN, S/o Sri Yogendra Prasad, R/o Village- Ishmailpur, P.O.-Ishmailpur, P.S.-Hajipur Sadar, District-Vaishali. ………..Petitioner. Versus 1. The State of Bihar through the Commissioner-cum-Secretariat, Department of Education, Government of Bihar, New Secretariate, Bihar, Patna. 2. The Director, Department of Secondary Education, Government of Bihar, New Secretariate, Bihar, Patna. 3. The Director, Department of Primary Education, Government of Bihar, New Secretariate Bihar, Patna. 4. The District Magistrate, Vaishaili. 5. The District Education Officer, Vaishali. 6. The District Superintendent of Education, Vaishali. 7. The Block Education Extension Officer, Hajipur Block, District- Vaishali. 8. The Block Education Extension Officer, Hajipur Block, District- Vaishali. 9. The Panchayat Secretary, Gram Panchayat Ishmailpur, Block-Hajipur, District-Vaishali. 10. The Mukhiya, Gram Panchayat Ishmailpur, Block-Hajipur, District- Vaishali. ………Respondents. For the petitioners: Mr. Shashi Bhushan Kumar, Adv. For the State: Mr. Ravi Shankar, A.C. to G.P. VII. Mr. Brigita Prakash, A.C. to G.P.-9. ------------ 2/ 02.02.2010 Heard counsel for the petitioners and the counsel appearing for the State. Petitioners’ grievance in all these writ applications is that they have not been paid their salary since April, 2008 till today. Prayer is for a direction to the respondents, the Block Education Extension Officer, Hajipur, the Panchayat Secretary 3 and the Mukhiya, Gram Panchayat, Ishmailpur, for payment of their arrears of salary with effect from April, 2008 till today and also month to month current salary to the petitioners. Petitioners were initially appointed as Shiksha Mitra and thereafter, absorbed on the post of Panchayat Teacher, in the light of the State Government’s decision and Rule 20 (iii) of the Bihar Primary Teachers (Appointment and Service Conditions) Rules 2006. The reason which has been shown by the petitioners in the writ applications, for non-payment of salary is that they were appointed on the basis of their certificate of Madhyama (Visharad) from Hindi Sahitya Sammellan, Allahabad, treating it equivalent to intermediate. Counsel for the petitioners submits that the Madhyama (Visharad) degree has always been recognized by the State Government, equivalent to intermediate. The State government vide Notification dated 15.06.1973 Letter No. 1672 had resolvedf with reference to an earlier order of the State Government dated 16.08.1965 that the qualification of Madhyama (Visharad) from Hindi Sahitya Sammelan Prayag will be treated equivalent to B.A. Part-I or Intermediate. There is no subsequent decision of the State Government with regard to Madhyama qualification declining to grant equivalence to a qualification of Madhyama (Visharad) from Hindi Sahitya Sammelan. Paryag, Allahabad as intermediate. It is also submitted that in case any such policy 4 decision is taken by the State Government subsequent to the petitioners’ appointment that will always be prospective and it cannot be made applicable in case of the petitioners with retrospective effect. The petitioners’ counsel has given reference to an unreported decision of this Court in C.W.J.C. No. 10748 of 2008 (Mamta Kumari Vs. The State of Bihar and others), in which the same question was considered and the termination order, issued by the respondents, has been quashed. Considering the unreported decision and also that the State Government recognized the Madhyama Visharad qualification from Hindi Sahitya Sammellan Paryag, Allahabad, and treats it to be equivalent to Intermediate degree. There is no reason for the respondents for not making payment to the petitioners, who are still are discharging their duties. This application is allowed. The respondents are directed to make payment of arrears of salary to the petitioners with effect from 2008 till today and also to continue to make payment of salary on month to month basis. The arrears of salary must be paid to the petitioner within six weeks from the date of production/communication of this order. Sanjeet/- (Mridula Mishra, J.)