IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5662 of 1995 1. Shri Dhaneshwar Singh, son of Shri Pati Ram Singh, resident of Village + P.O. Chunni, P.S. Buxar, presently Assistant Teacher of Sawarn Barsha Devi Sanskrit Primary School, Chunni, Buxar. 2. Sri Sitaram Kuar, Son of Late Utam Kuar, resident of Village Kritpura, P.O. Kamarpur, District Buxar, presently Headmaster of Swami Sahjanand Sanskrit High School, Jail Road, Buxar. 3. Sri Baj Nath Sharma, son of Shri Harihar Sharma, resident of Village Charitarban, P.O. Buxar, District Buxar, presently an Assistant Teacher in Swami Sahjanand Sanskrit High School, Pandepathi, Jail Road, Buxar. 4. Sri Surendra Kumar Sharma, son of Shri Muneshwar Sharma, resident of village Ginpura, P.O. Patna, District Patna, presently an Assistant Teacher in the said School. 5. Sri Bijay Kumar Rai, son of late Dharmpal Rai, resident of village Kritpura, P.O. Kamarpur, District Buxar, presently an Assistant Teacher in said School. 6. Sri Subash Chandra Rai, son of Shri Hirdya Narayan Rai, resident of village and P.O. Gara, District Kaimoor (Bhabhua), presently an Assistant Teacher in Swami Sahjanand Sanskrit High School, Pandepathi, Jail Road, Buxar. 7. Sri Bijay Sharma, son of late Rameshwar Singh, resident of village + P.O. Mahajpura, District Patna, presently an Assistant Teacher in Swami Sahjanand Sanskrit High School, Pandepathi, Jail Road, Buxar. 8. Shri Upendra Nath Thakur, son of late Shitalu Thakur, resident of Muhalla Teacher Colony, Charitarban, Buxar, presently an Assistant Teacher in the said School. 9. Shri Shyamjee Rai, son of Kamla Kant Rai, resident of village Charitarban, P.O.Buxar, District Buxar, presently Clerk in the said School. 10. Shri Bhagwan Prasad Singh, son of Shri Jagdish Chaudhri, resident of village Sumeshwar Asthan, P.O. Buxar, District- Buxar. 11. Shri Baidya Nath Singh, son of late Ramsoch Singh, resident of village Lodhonsh, P.O. Bihalpur, District Buxar, presently an Acting Headmaster of S.S.V.K. Sanskrit High School, Buxar. 12. Sri Bhrigu Nath Singh, son of Late Bindeshwari Singh, resident of village + P.O. Basudhar, District Buxar, presently an Assistant Teacher in S.S.V.K. Sanskrit High School, Buxar. 13. Sri Kamla Kant Pandey, son of Shri Lakshman Pandey, resident of village + P.O. Simri, district Buxar, presently an Assistant Teacher in S.S.V.K. Sanskrit High School, Buxar. 14. Sri Binod Shankar Mishra, son of Shri Bhupendra Nath Mishra, resident of village Darjee Muhalla, Buxar, presently an Assistant Teacher in S.S.V.K. Sanskrit High School, Buxar. 15. Sri Radheshyam Mishra, son of late Shio Shankar Mishra, resident of village Dharmpura, P.O. Nagpur, District Buxar, presently an Assistant Teacher in S.S.V.K. Sanskrit High School, Buxar. 16. Sri Brahma Nand Pandit, son of Shri Deo Nath Pandit, resident of village + P.O. Chaura, District Ballia, presently an Assistant Teacher in S.S.V.K. Sanskrit High School, Buxar. 17. Sri Suresh Dutt Mishra, son of late Narayan Dutta Mishra, resident of village Sohnipatti, P.S. Buxar, District Buxar. 18. Sri Anirudh Pandey, son of late Sidheshwar Pandey, resident of village Panditpur, P.O. Nadwa, District Buxar. 2 19. Shri Sudarshan Chaturvedi, son of Shri Maharaja Chaturvedi, resident of village Ameth, P.O. Mitty, Mohaniya, District Buxar, presently an Acting Headmaster of Chandrika Sanskrit Primary-cum-Middle School, Chillibilly, District- Buxar. 20. Sri Jay Narayan Pandey, son of Shri Ram Nath Pandey, resident of village Bishanpura, P.O. Indore, District Buxar, presently an Assistant Teacher in Chandrika Sanskrit Primary-cum-Middle School, Chillibilly, District- Buxar. 21. Sri Ramyash tiwary, son of Shri Kabilash Tiwari, resident of village Kharagpura, P.O. Dehri, District Buxar, presently an Assistant Teacher in Chandrika Sanskrit Primary-cum-Middle School, Chillibilly, District- Buxar. 22. Shri Alijan Mir, son of Shri Hashan Mir, resident of village Bharakhra, P.O. Kakariya, District Buxar, presently an Assistant Teacher in Chandrika Sanskrit Primary-cum-Middle School, Chillibilly, District- Buxar. 23. Shri Ram Niwaj Pandey, son of Shri Bashudeo Pandey, resident of village Chachariya, P.O. Kakariya, District Buxar, presently an Assistant Teacher in Chandrika Sanskrit Primary-cum-Middle School, Chillibilly, District- Buxar. 24. Shri Manoj Kumar Ojha, son of Shri Bhola Ojha, resident of village Chillibilli, P.O. Kakariya, District Buxar, presently an Assistant Teacher in Chandrika Sanskrit Primary-cum-Middle School, Chillibilly, District- Buxar. 25. Sri Sri Newash Ojha, son of Shri Ram Chandra Ojha, resident of village Chillibilli, P.O. Kakariya, District Buxar, presently an Adesh Pal in Chandrika Sanskrit Primary-cum-Middle School, Chillibilly, District- Buxar. . . . . . . Petitioners. Versus 1. The State of Bihar, through the Secretary, Human Resources Development, Bihar, Patna. 2. The Chairman of Sanskrit Shiksha Board, Boring Road, Patna. 3. The Secretary, Sanskrit Shiksha Board, Boring Road, Patna. 4. The Special Director, Sanskrit and Mass Education, Human Resources Development Department, Bihar, Patna. . . . . . . Respondents. For the Petitioners : Ms. Durga Nand Jha, Shree Kant Pandey, Advocates. For the Board : Mr. Awadhesh Prasad Sinha, Advocate For the State : Mrs. Nutan Kumari Sharma, AC to G.A.5. ----------- 11/ 18.04.2011 In the instant writ application, the petitioners, who are 25 in numbers, pray for directing the respondents to pay the salary as well as arrears and D.A. etc. according to the Vth Pay Revision Scale and to treat them as Government High School Teachers and Staffs in consonance with letter no. 237 dated 3 20.02.1990. The case of the petitioners in short is as follows: The Management and Control of 429 Non- Government Sanskrit Schools recognized by Bihar Sanskrit Shiksha Board were taken over by Ordinance no. 32/1989 with effect from 19.12.1989. The Ordinance provided that Teaching and Non-Teaching staffs of taken over schools would become Government employees. The Ordinance did not become an Act and it lapsed on 01.05.1992. The lapse of Ordinance raised various issues including payment of salary, the status of Schools and its employees, in the post ordinance period etc.. Many writ applications were filed which were disposed of by common judgment rendered in case of Subhash Chandra and Ors. Vs. The State of Bihar & Ano., heard analogous with other cases, reported in 1994(2) PLJR 359. Both State of Bihar and Sanskrit School employees carried appeal to Hon’ble Apex Court in Civil Appeal No.3533-3595of 1994. One of the issues involved is whether the schools, which were taken over by the Ordinance is entitled to be treated as Government Schools after lapse of Ordinance. For the present, after withdrawal of Ordinance, the position is that all the 429 schools, which were taken over has reverted back to its previous status of non-government recognized Private Sanskrit Schools getting grand in aid from the Government. The petitioner has brought nothing on record to show 4 that any decision was taken either by the Bihar Sanskrit Shiksha Board or by the Government to grant benefits of Vth Pay Revision Committee to the Teaching and Non-teaching staffs of the Sanskrit Schools. Both counsel admit that in any view of the matter the status of the schools, which were taken over by the Ordinance is pending consideration before the Apex Court. The writ petition is accordingly disposed of with liberty to the petitioners to file appropriate application after disposal of the Civil Appeal nos. 3533-3593 of 1994 pending in the Hon’ble Apex Court. Uday/ (S. K. Katriar, J.) (S. P. Singh, J.)