IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9222 of 2000 ARCHANA KUMARI & ORS Versus THE STATE OF BIHAR & ORS ----------- 04- 25.9.2008 Heard Mr. Birendra Prasad Verma for the petitioners, and Mr. Alok Kumar, learned junior counsel to Government Advocate No.I. Seven petitioners, namely, (1) Archana Kumari, (2) Brahmdeo Prasad Singh, (3) Balram Prasad Singh, (4) Anita Devi, (5) Dilip Kumar, (6) Nirmala Kumari, and (7) Veena Kumari, have joined this writ petition seeking common relief of an appropriate direction to the respondent authorities for their regularisation on the post of Assistant Teachers of Primary School in the Bihar Government. 2. It has a chequered History. The petitioners were engaged by the Bihar Government as Supervisors in the Adult Education Programme, and on payment of fixed honorarium per month. The Government had then floated two schemes for spread of education amongst different sections of the society, namely, Adult Education Programme, and Non-formal Education Programme. Appointments were made under both who continued for certain periods on payment of fixed amount per month 2 described as honorarium. Some of them preferred C.W.J.C. No.1458 of 1988 (Bishundeo Choudhary and others Vs. The State of Bihar and others), and analogous writ petitions, which were considered by a Full Bench of this Court by order dated 19.2.1992 (Annexure-2). The Full Bench directed to prepare a scheme and consider the cases of such persons engaged under the scheme for permanent absorption in the services of the Bihar Government. This was followed by the order dated 30.1.1996 (Annexure-3), passed by a learned Single Judge of this Court in C.W.J.C. No.10306 of 1995 (Shanti Devi and others Vs. State of Bihar and others), whereby this Court re-affirmed the order of the Full Bench and directed the State Government to implement the same. Non- implementation of the orders led to number of contempt applications in this Court, which were disposed of by order dated 20.7.2000 (Annexure-4), passed by a learned Single Judge of this Court in M.J.C. No. 3442 of 1997, M.J.C. No.691 of 1997, M.J.C.1991 of 1996 and M.J.C. No.386 of 1996, which were disposed of on the undertaking of the State Government that the State Government and the authorities shall take the final decision within a period of six months. After formation of 3 the scheme, a large number of such persons were permanently absorbed in the services of the Bihar Government. Indeed the same was placed before the Court and was approved also. The petitioners did not get the benefit of the scheme leading to the present writ petition. 3. The respondents have placed on record their counter affidavit and have attempted to answer the issues raised in this writ petition. 4. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears to me that the present petitioners were engaged in the Adult Education Programme which is a scheme where the persons including the present petitioners were engaged for ten months on payment of honorarium. Those engaged for Non-formal Scheme were engaged for three years on payment of honorarium. According to the Scheme framed by the State Government, those who had worked for three years or more were considered for absorption and all the eligible persons were covered by the scheme were absorbed. The petitioners had worked for less than three years and, therefore, could not be absorbed. We are, therefore, convinced that, in pursuance of the order of this Court the State 4 Government did formulate a rational scheme for absorption of the services of the persons in question Non-absorption of the persons like the present petitioners cannot be faulted. 5. There is no merit in this writ petition and is according dismissed. (S K Katriar, J.) S.K.Pathak/