CIVIL WRIT JURISDICTION CASE NO. 3933 OF 1995 ***** In the matter of an application under Articles 226 and 227 of the Constitution of India. ***** 1. Mahesh Pathak, Son of Late Anup Lal Pathak, resident of village Nawkothi, Police Station Nawkothi, District Begusarai. 2. Janardan Prasad Deo, son of late Hiya Lal Poddar, resident of village Rajakpur, Police Station Nawkothi, District Begusarai, at present both are Assistant Teachers of Achayabat Sanskrit Prathmik Sah Madhayamik Vidhyalaya Nawkothi, Police Station Nawkothi, District Begusarai. ---------- Petitioners. Versus 1. The State of Bihar. 2. The Secretary, Prathmik Madhyamik and Jan Shiksha Bibhag, Bihar, Patna, Bikash Bhawan, Patna. 3. The Additional Secretary, Prathmik Madhyamik and Jan Shiksha Bibhag, Bihar, Patna, Bikash Bhawan, Patna. 4. The Special Director, Secondary Education-in-Charge Sanskrit Education Prathmik Madhyamik and Jan Shiksha Bibhag, Bikash Bhawan, Bihar, Patna. 5. The Bihar Sanskrit Shiksha Board, Bihar, Patna, through its Secretary. 6. The Chairman, Bihar Sanskrit Shiksha Board, Bihar, Patna, Boring Canal Road, Patna. 7. The Secretary, Bihar Sanskrit Shiksha Board, Bihar, Patna, Boring Canal Road, Patna. ---------------------Respondents. ----------- For the Petitioners: Mr. Suresh Kumar Ishwar, Advocate. For the Board : Mr. Awadhesh Prasad Sinha, Advocate. For the State : Ms. Nutan Kumari Sharma, AC to G.A.5 ***** P R E S E N T THE HON'BLE MR. JUSTICE SUDHIR KUMAR KATRIAR THE HON'BLE MR. JUSTICE SAMARENDRA PRATAP SINGH S. P. Singh, J. In the instant writ application, the petitioners pray for directing the respondents to modify the name of the school taken over under the Bihar Non-Government Sanskrit School (taking over of 2 Management and Control) Ordinance, 1989, being Ordinance no. 32/1989, as Achayabat Sanskrit Prathmik Sah Madhyamik Vidhyalaya in place of Madhyamik Vidhyalaya appearing at serial no.402. The petitioners further pray for direction to the respondents to make payment of salary and other benefits from the date of take over. 2. The petitioners case is that Achayabat Sanskrit Prathmik Sah Madhyamik Vidhyalaya (hereinafter referred to as “the School”), duly figured in the list of Prathmik Sah Madhyamik Vidhyalaya in Begusarai District as per the Government letter no. 204, dated 02.03.1981. They state that they were duly appointed by the Managing Committee against sanctioned posts on 16.05.1978, and, in view of the decision of the State Government, the Registrar of Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, accorded approval to the petitioners‟ appointment with effect from 01.04.1980. They state that they have been regularly receiving their salary up to the date of promulgation of the Ordinance on 18.12.1989. It is the further case of the petitioners that they were working within the sanctioned strength of staffing pattern fixed by the Government, vide notification no.572, dated 29.06.1981. They submit that the Hon‟ble Apex Court in Civil Appeal No.3533-3595/94, vide interim orders dated 09.01.1995, and 26.04.1996, observed that the teaching and non-teaching staff working within sanctioned posts would be entitled to receive their salary at the rate applicable on 17.12.1989. 3 The petitioners submit that it is true that the Ordinance after a few promulgations lapsed on 01.05.1992. Even in such circumstances, the school would revert back to its pre-ordinance status and they would be entitled to receive their salary, as they were receiving prior to ordinance. 3. Mr. Awadhesh Prasad Sinha, learned counsel for Bihar Sanskrit Siksha Board, admits that the petitioners‟ school was one of the 429 Sanskrit Schools, which was taken over under the Bihar Ordinance no. 32/1989, being „The Bihar Non-Government Sanskrit School (taking over of Management and Control) Ordinance, 1989‟. He further submits that the MANAK MANDAL attached with the Ordinance for the school provided for 7 teaching posts, four posts were for Acharya Teachers, and three posts for Graduate Teachers. The petitioners‟ appointment was beyond the post sanctioned within Manak Mandal. He thus submits that the petitioners are not entitled for payment of salary, as their names figured at serial nos. 9 and 10 of the teaching staff. 4. We have heard the learned counsel for the parties and perused the record. The petitioners‟ school was established as Prathmik Sah Madhya Vidhyalaya in the district of Begusarai. The government promulgated Ordinance, being Bihar Ordinance no. 32/1989, for taking over of non-government Sanskrit School for improvement, better organization and development of Sanskrit 4 education in the State of Bihar. The petitioner‟s school admittedly was one of the 429 schools, which were taken over by the Ordinance vide serial no.402. The name of the school finds mentioned as Achayabat Sanskrit Madhyamik Vudhyalaya. The main grievance of the petitioners is that the name of the school should have been mentioned as Achayabat Sanskrit Prathmik Sah Madhyamik Vudhyalaya. The contention of the petitioners is that in case of Prathmik Sah Madhyamik Vudhyalaya the MANAK MANDAL would be 10, and the petitioners would duly figure within the same. The school will revert to its pre-ordinance position of Bihar Government Recognized Sanskrit School. The Hon‟ble Supreme Court in the batch of appeals, being Civil Appeal Nos.3533-3594/94, vide order dated 09.01.1995 and 26.04.1996, has observed that the teaching and non-teaching staff working within sanctioned posts would be entitled to receive their salary at the rate applicable on 17.12.1989. In other words, if the petitioners were working within the sanctioned posts, prior to promulgation of Ordinance, e.g. 18.12.1989, they would be entitled to their salary at the rate which was applicable to them. Furthermore, the petitioners‟ school was granted recognition as Prathmik Sah Madhya Vidhyalaya, then the staffing pattern of the school would be governed by Government notification no. 572, dated 29.06.1981. 5. In the backdrop of the aforesaid findings, we direct that if the Special Director, Secondary Education-In-Charge, Sanskrit 5 Education Prathmik Madhyamik, and Jan Shiksha Bibhag, Bihar, Patna (respondent no.4), finds that the petitioners were working within the sanctioned posts of the school, he would pass appropriate order for payment of salary along with its arrears. If the salary and arrears are not paid within six months thereof, the petitioners would be entitled to interest at the rate of 6 % from the date it had become initially due till the date of payment. The Special Director, Secondary Education-In-Charge, Sanskrit Education Prathmik Madhyamik and Jan Shiksha Bibhag, Bikash Bhawan, Bihar, Patna (respondent no.4), would take decision within a period of three months from the date of receipt / production of a copy of this order. It will be also open for the petitioners to make a detailed representation before the Special Director, Secondary Education-In-Charge Sanskrit Education Prathmik Madhyamik and Jan Shiksha Bibhag, Bihar, Patna (respondent no.4). 6. With the aforesaid direction, this writ petition is disposed of. (S. P. Singh, J.) I agree S. K. Katriar, J. (S. K. Katriar, J.) Patna High Court Dated, 23rd, June, 2011 Uday/NAFR