IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9675 of 2000 1. RAM BABU DAS son of Late Ram Lakhan Prasad, at present working asHeadmaster in Nehury Sishu Middle School, Mirdaha Toli Karnalganj, Gulzarbagh, District Patna. 2. Ramdev Mahto son of Late Mishri Mahto working as Assistant Teacher in Nehru Shishu Middle School, Mirdaha Toli, Karnalganj, Gulzarbagh, District Patna. 3. Banarsi Prasad, son of Late Ram Lagan Prasad, working as Assistant Teacher in Nehru Shishu Middle School, Mirdaha Toli, Karnalganj, District Patna. 4. Ramdev Ram son of Late Gokul Ram working as Assistant Teacher in Nehru Shishu Middle School, Mirdaha Toli, Karnalganj, Gulzarbagh, Patna. 5. Smt. Gangajali Devi wife of Sri Rama Paswan working as Peon in Nehru Shishu Middle School, Mirdaha Toli, Karnalganj, Gulzarbagh, Patna. Versus 1.THE STATE OF BIHAR. 2. The Secretary-cum-Commissioner, Primary Education,Government of Bihar, Patna. 3. The Director, Primary Education,Government of Bihar, New Secretariat, Patna. 4. The Special Director, Primarya Education,Government of Bihar, Patna. 5. The District Superintendent of Education, Patna. 6. The Area Education Officer, Ppatnacity District Patna. ----------- 8 19.1.2009. Heard counsel for the petitioners. No one appears on behalf of State. Counter affidavit which has been filed on behalf of State is irrelevant. It seems that without looking into the statement made in the writ application, the statement of fact which was sent for some other case has been filed as counter affidavit in this case. This shows the functioning in the office of the State counsels. Prayer of the petitioners who are working as teaching and non teaching staffs in Nehru Shishu Middle School, Mirdaha Toli, Gulzarbagh, Patna is for a direction to the respondents to fix their salary and make payment on such fixed salary as per circular dated 27.3.1981. Prayer is also for payment of their salary 2 with effect from 1.4.1980 till date. Another prayer of the petitioners in this writ application is for quashing the order dated 3.7.2000 issued by the Special Director, Primary Education, Government of Bihar, Patna, but I fail to understand as to why this prayer has been made by the petitioner as it is just a direction to hold an enquiry and submit report and not the final order. Petitioners case is that under the permission of the government the Nehru Shishu Middle School, Mirdaha Toli, Karnalganj Gulzarbagh, Patna was established in the year 1962. Petitioners no.1 to 4 were appointed as teachers and petitioner no.5 as Peon by the Managing Committee after observing due process for appointment. Earlier also petitioners come before this court by filing C.W.J.C.No.1862 of 1977 for similar direction to make payment of salary which was disposed of with observation to approach the State Government. It is further case of the petitioners that vide Annexure-7 dated 23.9.1995 the Deputy Superintendent of Education had written letter to the Deputy Director, Primary Education for payment of salary to the petitioners. In response to that the respondent no.3 the Director, Primary Education had asked to submit a report. The petitioners case is that inspite of the fact that the school in question is one of the recognized aided school which was established under the permission of the State Government and its teaching and non teaching staffs are entitled for their salary and other benefits like government teachers, the respondents are continuing with 3 fishing enquiry for so many years. Counsel for the petitioners has drawn my attention towards Annexure-9 which was issued by Regional Education Officer indicating that the school in question was established under the orders of the government and its teaching and non teaching staffs are entitled for their salary for which their fixation of salary should be done immediately and fund be allotted for payment of their salary. What I find that the counter affidavit is of no assistance so far the claim of the petitioners are concerned. There is neither any denial nor admission. It is completely irrelevant. Accordingly respondent nos.3 and 4 are directed to consider the claim of the petitioner in the light of Annexure-5 which is Resolution no.841 dated 27.3.1981 as well as Annexure-8 and 9 to the writ application. Consideration of petitioners case by the concerned respondents be made immediately on receipt of the representation filed by the petitioners in this regard and payment should be made to them in the light of Annexures 5,8 and 9. Accordingly this application is disposed of. Sss/- (Mridula Mishra, J)