IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2849 of 2009 RAM DURSHAN PRASAD GUPTA, SON OF LATE JANAK SAH, R/O VILLAGE-LHARGAWA, P.O.-KESHRIA, DISTRIC-WEST CHAMPARAN, AT PRESENT WORKING AS ASSISTANT TEACHER (SCIENCE) IN SHRI LAXMI SANSKRIT HIGH SCHOOL, LOHARGAWA, KESHARIA, EAST CHAMPARAN …………………… PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY, EDUCATION DEPARTMENT, STATE OF BIHAR, PATNA 3. THE DEPUTY SECRETARY, GOVERNMENT OF BIHAR, PATNA 4. THE SPECIAL DIRECTOR (SECONDARY EDUCATION), BIHAR, PATNA 5. THE CHAIRMAN, BIHAR SANSKRIT SIKSHA BOARD, PATNA 6. THE SECRETARY, BIHAR SANSKRIT SIKSHA BOARD, PATNA ………………. RESPONDENTS. WITH CWJC NO.8116 OF 2009 1. BINDESHWAR NAYAK, S/O SHRI UTIM NAYAK, E/O VILLAGE-RAMPUR KAUTH, P.S.-BARGANIA, P.O. – BARGANIA, DISTRICT-SITMARHI 2. CHANDRA KISHORE PRASAD, S/O LATE BINAYAK PRASAD, R/O VILLAGE-NEMA, P.S. – BAIRGANIA, P.O.-BARGANIA, DISTRICT-SITAMARHI …………. PETITIONERS VERSUS 1. THE STATE OF BIHAR THROUGH SECRETARY, HUMAN RESOURCES DEVELOPEMNT DEPARTMENT, GOVERNMENT OF BIHAR, VIKASH BHAWAN, PATNA 2. THE SPECIAL DIRECTOR, (SECONDARY EDUCATION), VIKASH BHAWAN, PATNA 3. THE CHAIRMAN, BIHAR SANSKRIT SIKSHA BOARD, PATNA 4. THE SECRETARY, BIHAR SANSKRIT SIKSHA BOARD, PATNA. ………………. RESPONDENTS ----------- For the Petitioners: Mr. Shree Kant Pandey, Adv. For the State: Mr. A. K. Jha, G.A.-2 ******* 04. 22.06.2011 Heard learned counsel for the petitioners and the State. Prayer of the petitioners in both the Writ 2 Applications is for a direction to make payment of salary due from December, 1995 with all emoluments and interest. Petitioners were appointed as Since Teacher in their respective Schools against the additional post of Since Teacher, created as per the policy decision of the Government. Regarding appointment of the petitioner, the Government resolution was that in every school for teaching Math and Science, additional post will be created where the number of students is more than one hundred. Petitioners were also appointed in the said staffing pattern against the sanctioned post. Their appointments were made following the procedure for regular appointment by advertising the post, inviting applications and following all other procedures. However, the payment of their salary was stopped on the ground that now posts are not available in the School and there is no fund being released by the Government for making payment of salary. It has been stated by the petitioners’ counsel that several similar matters, challenging the stand taken by the School and Bihar Sanskrit Siksha Board, Patna were filed before the High Court. C.W.J.C. No. 8473 of 1999 (Raj Mangal Ray Vrs. The 3 State of Biahr & Ors.) is one of the similar case, which was filed for payment of salary. The Writ Application was allowed. The Respondents preferred LPA No. 715 of 2000, which was dismissed, against which Civil Appeal No. 3533-3595 of 1994 and other cases were filed, which has been admitted and an interim Order dated 09.01.1995 has been passed that the employees shall be paid salary at the rate applicable on December, 17, 1989 and shall continue to get it till further Orders of this Court. On the basis of this Order and several Writ Applications, the Science Teachers, so appointed, are being paid their salary at the rate applicable on December, 17, 1989. The petitioner’s case is fully covered by the Orders passed in the earlier Writ Applications. Recently also in C.W.J.C. No. 13699 of 2009, similar Order was passed vide Order dated 25.01.2010 against which L.P.A. No. 656 of 2010 was preferred by the Bihar Sanskrit Siksha Board. The LPA has been dismissed. The Order passed by the Single Judge was affirmed and assertion has been made for making payment of salary in the light of the Order passed by the Supreme Court, since the case of the petitioner is similar and the relief prayed by them is also similar 4 to the relief prayed by the petitioner in the earlier Writ Application. These two Writ Applications are also being disposed of giving same direction to the Respondents, Bihar Sanskrit Siksha Board, Patna and its Secretary for making payment of salary to the petitioners as well as arrears of salary since the date it has been stopped at the same rate they were entitled to get salary at 17th December, 1989. They will continue to get their salary till the date any final Order is passed by the Supreme Court. All these payments must be made within three months from the date of production / communication of this Order. With the aforesaid observations, this Writ Application is allowed. SKM (Mridula Mishra, J.)