IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.3690 OF 1999 1.SANTOSH KUMAR JHA, S/O LATE PARMESHWAR JHA, R/O VILLAGE AND POST BANGAWN, DISTRICT SAHARSA. 2.YAMUNA KHAN, S/O LATE BAWA KHAN, R/O VILLAGE AND POST BANGAWN, DISTRICT SAHARSA. …………………PETITIONERS. VERSUS 1.THE STATE OF BIHAR. 2.THE COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, , NEW SECRETARIATE, PATNA. 3.THE ADDITIONAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, PATNA, BIHAR. 4.THE SPECIAL DIRECTOR, SECONDARY EDUCATION, NEW SECRETARIAT, PATNA, BIHAR. 5.THE CHAIRMAN, BIHAR SANSKRIT SHIKSHA BOARD, BORING CANAL ROAD, PATNA. 6.THE SECRETARY, BIHAR SANSKRIT SHIKSHA BOARD, BORING CANAL ROAD, PATNA. ………………………RESPONDENTS. WITH CWJC NO.5197 OF 1999 1.RAM SHANKAR TEWARI, S/O SRI RANG NATH TEWARI, R/O VILLAGE NENUA, VIA DUMRAW, DISTRICT BAXURE. 2.BINOD TEWARI, S/O SRI KASHI NATH TEWARI, R/O VILLAGE SURAUDHA, POST BARKI BASAULI, DISTRICT BAXURE, BOTH PRESENTLY POSTED AS ASSISTANT TEACHERS IN BANKE BIHARI SANSKRIT PRATHMIK SAH MADHYAMIK SCHOOL, NENUA, P.S DUMRAW, DISTRICT BAXURE. …………………PETITIONERS. VERSUS 1.THE STATE OF BIHAR. 2.THE COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, , NEW SECRETARIATE, PATNA. 3.THE ADDITIONAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, PATNA, BIHAR. 4.THE SPECIAL DIRECTOR, SECONDARY EDUCATION, NEW SECRETARIAT, PATNA, BIHAR. 2 5.THE CHAIRMAN, BIHAR SANSKRIT SHIKSHA BOARD, BORING CANAL ROAD, PATNA. 6.THE SECRETARY, BIHAR SANSKRIT SHIKSHA BOARD, BORING CANAL ROAD, PATNA. 7.THE UNDER SECRETARY, DEPARTMENT OF SECONDARY, PRIMARY AND ADULT EDUCATION, GOVT. OF BIHAR, PATNA. ………………………RESPONDENTS. WITH CWJC NO.4009 OF 1999 LAMBODAR MISHRA, S/O SHRI SHYAM SUNDER MISHRA, ASSISTANT TEACHER IN ELEMENTARY SECTION, S.H. SCHOOL, MADHUBANI, POLICE STATION BALUA BAZAAR, DISTRICT SUPAUL. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE COMMISSIONER CUM SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, , NEW SECRETARIATE, PATNA. 3.THE SPECIAL DIRECTOR, HIGHER EDUCATION, INCHARGE OF SANSKRIT SCHOOLS, GOVERNMENT OF BIHAR, PATNA. 4.THE SANSKRIT SHIKSHA BOARD THROUGH ITS CHAIRMAN, EAST BORING CANAL ROAD, PATNA. 5.THE ADDITIONAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. ………………………RESPONDENTS. WITH CWJC NO.5248 OF 1999 1.MANI BHUSHAN SINHA, S/O SRI RAJ NATH SINHA, R/O VILLAGE KALYANPUR, POST RAJOPUR, VILLAGE BIKRAM, DISTRICT PATNA. 2.ANIL KUMAR SINGH, S/O RAM JEEVAN SINGH, R/O VILLAGE MASAURHI (TELPA), POST BIKRAM, P.S BIKARAM, DISTRICT PATNA. BOTH TEACHERS IN PRIMARY SECTION OF SRI NIMBARK KRISHNA MADHWANAND SANSKRIT PRATHMIK SAH UCHCHA VIDYALAYA, DHANAMATH, DISTRICT PATNA. 3 …………………PETITIONERS. VERSUS 1.THE STATE OF BIHAR. 2.THE COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, , NEW SECRETARIATE, PATNA. 3.THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, PATNA, BIHAR. 4.THE SPECIAL DIRECTOR, SECONDARY EDUCATION, NEW SECRETARIAT, PATNA, BIHAR. 5.THE CHAIRMAN, BIHAR SANSKRIT SHIKSHA BOARD, BORING CANAL ROAD, PATNA. 6.THE SECRETARY, BIHAR SANSKRIT SHIKSHA BOARD, BORING CANAL ROAD, PATNA. 7.THE UNDER SECRETARY, DEPARTMENT OF SECONDARY, PRIMARY AND ADULT EDUCATION, GOVT. OF BIHAR, PATNA. ………………………RESPONDENTS. ----------- 03/ 19.08.2011 No one appears for the petitioners. Counsel for the State is present. Having perused the record of this case as with regard to the following identical relief prayed in all these writ applications:- “I. For issuance of a writ in the nature of a writ of certiorari for quashing the impugned letter dated 21.12.1995 bearing memo no. 1056 issued by the Additional Secretary, Department of Primary Secondary and Adult Education, Government of Bihar, Patna ( Annexure-10) whereby the departmental letter bearing memo no. 957 dated 18.11.99 has been cancelled with effect from its date of issuance(Annexure-5). And also for quashing the impugned letter bearing memo no. 102 dated 29.1.99(Annexure 10/A) issued by the Special Director (Secondary Education), 4 Bihar, Patna so far the petitioner’s school is concerned. II. For a declaration that the petitioner–s are the duly appointed/ adjusted and approved teachers of the school in question working against the two sanctioned posts of Primary section of the School vide letter of the Education Department bearing memo no. 957 dated 18.11.89(Annexure-5) and thereby entitled for payment of salary with effect from 18.11.89 as held by this Hon’ble Court in the order dated 22.9.95 passed in C.W.J.C No. 9279/94 and order dated 3.1.95 passed in C.W.J.C No. 12562/92. III. For issuance of a writ in the nature of a writ of mandamus directing and commanding the respondents to make payment of salary to the petitioners w.e.f. 18.11.89 till date as they are duly appointed/ adjusted and approved teachers working against the two sanctioned posts of primary section of the school in question. all that can be held now is that after the expiry of the ordinances on 30.4.1982 the status of taken over 429 Sanskrit Schools by the Government has been reduced to recognized private Sanskrit Schools and therefore there would be also no question of restricting the number of sanctioned post as provided in the ordinance. The sanctioned posts of teachers which were already existing on 18.12.1999 in 429 recognized Sanskrit Schools shall be deemed to be again revived after expiry of 5 the ordinance on 30.4.1992 as has been also held by a division bench of this Court in the case of Subhash Chandra and others Vs. State of Bihar and others reported in 1994(2) PLJR 359. Now the question regarding the petitioners of continuing against the post of Primary Unit for which sanction was accorded by the State Government on 18.11.1989 will have to be also reconsidered by the Bihar Sanskrit Shiksha Board and if the Board would find that the post of Primary Unit as sanctioned by the State Government for the school of petitioners is still existing and the petitioners qualify for approval of their service, it would take an appropriate decision in the light of the recommendation of and resolution passed by Managing Committee of the school of the petitioners. The payment of salary, however, on account of such approval, if any, will be made only w.e.f. prospective date i.e. the date the board would now accord such approval of service of the petitioners. 6 The petitioners, therefore, may therefore file their self contained representations to the Secretary of the Board for approval of their service and decision of the Board in this regard strictly in accordance with law must be taken within a period of six months from the date of filing of such representation by the petitioners enclosing a copy of this order. It goes without saying that if the petitioners are found entitled for any financial benefit that would also be extended to them within a period of next three months of passing of such order by the Board. With the aforementioned observation and direction, all these writ applications are disposed of. Ranjan (Mihir Kumar Jha, J.)