IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9007 of 1997 1. Md.Zafiruddin Khan, Son of late Akbar Khan, Resident of Meer Manjan, Post Office Quila Ghat, Darbhanga, District Darbhanga. 2. Smt. Nishant Afza, Wife of Kaffil Ahmand Khan, Mohalla Urdu Bazar, Post Office Lallag, Police Station Laheriasarai, District Darbhanga. --------- Petitioners Versus 1. The State of Bihar. 2. The Secretary, Finance Department, Government of Bihar, Patna. 3. The Secretary, Secondary and Primary Education, Government of Bihar, Patna. 4. The Director, Secondary Education, New Secretariat, Baily Road, Patna. 5. The District Education Officer, Darbhanga. ---------- Respondents with CWJC No.4737 of 1999 1. Md. Sulaiman, Son of late Md. Kamaluddin, Resident of Village Salkhani, P.S. Dalsingsarai, District Samastipur. 2. Sachchidanand Prasad, S/o late Srikantlal Prasad, Resident of Village Ursi, P.S. Basantpur, District Siwan. Versus 1. The State of Bihar. 2. The Secretary, Finance Department, Government of Bihar, Patna. 3. The Secretary, Secondary and Primary Education Government of Bihar, Patna. 4. The Director, Secondary Education, New Secretariat, Bailey Road, Patna. 5. The District Education Officer, Muzaffarpur. ----------- Respondents ----------- 17 22.07.2010 Heard Mr. Rajendra Prasad Singh, learned senior counsel for the petitioner and counsel for the State. The prayer of the petitioner in these two writ applications are almost same and they are quoted hereinbelow:- CWJC No.9007 of 1997 “1(i) For issuance of appropriate writ/direction commanding the 2 respondents to make full payment of salary an monthly basis from treasury to the teaching and non- teaching staffs of minority secondary schools. (ii) For issuance of appropriate writ/direction commanding the respondents to pay difference of salary of 22 months at a time of fourth pay Revision Committee which benefit was given from 1.3.1989, but payment was made from 1.1.1991. (iii) For issuance of an appropriate writ/direction commanding the respondents to make payment of difference of salary of selection grade and time bound promotion from due date to the petitioners. (iv) For issuance of an appropriate writ/direction commanding the respondents to make payment of difference of salary of pay scale which was implemented from 1.4.1981 in one installment. (v) For issuance of an appropriate writ/direction commanding the respondents to make payment of teaching allowance, regional allowance interim relief, bonus uniform allowance to class IV staff, leave travel concessions, group insurance coverage and contingency etc. to the petitioner like employees of Government nationalized High Schools. (vi) For issuance of appropriate writ/direction commanding the 3 respondents to give all facilities of Government nationalized schools concerning salary interim relief, earned leave after retirement, payment of leave travel concession, bonus, D.A.T.A., two days special leave to women teachers etc. to the teaching and non-teaching staff of Minority Secondary schools. (vii) For issuance of an appropriate writ/direction commanding the respondents to make payment of all arrears of salary from 1981 and also grant any other relief for which the petitioner is found entitled at the time of hearing.” CWJC No. 4737 of 1999 “1(I) For issuance of appropriate writ/order or direction commanding the respondents to make full payment of salary on monthly basis from treasury to the teaching and non-teaching staffs of the petitioners’’ school which are minority schools. (II) For issuance of appropriate writ/order or direction commanding the respondents to make payment of arrear salary since May 1998 to the teaching and non-teaching staffs of the petitioners’ school. (III) For issuance of an appropriate writ/direction commanding the respondents to make payment of teaching allowance, regional allowance interim relief, bonus, uniform allowance to class IV 4 staff, leave travel concessions, group insurance coverage and contingency etc. to the petitioner like employees of Government nationalized High schools. (IV) For issuance of appropriate writ/direction commanding the respondents to give all facilities of Government nationalized schools concerning salary interim relief, earned leave after retirement, payment of leave travel concession, bonus, D.A. & T.A., two days special leave to women teachers etc. to the teaching and non- teaching staff of petitioners’ Minority Secondary schools. (V) For issuance of appropriate writ/order or direction commanding the respondents to make payment to the petitioners’ school, the amount of enhancement of salary, D.A. etc. time to time as per with nationalized High schools. (VI) For issuance of an appropriate writ/direction commanding the respondents to make payment of all arrears of salary from 1981 and also grant any other relief for which the petitioners are found entitled at the time of hearing.” From reading of the aforementioned prayer and submissions of Mr. Singh, it would appear that the petitioners of these cases being teachers of private institutions 5 receiving grant in aid for payment of salary from the State Government are virtually seeking parity in the matter of payment of salary and emoluments with the Government servant only because at some point of time, the State Government had taken a policy decision to give equivalent pay as being paid to the government servants. Counsel for the State would submit that there is a difference between the claim of payment of salary to a Government servant and those who receive grant-in-aid for not- government institutions including a minority institution. Counsel for the State, however does not intend to go back from assurances recorded in the different orders of the State Government with regard to the payment of salary and emoluments but then would submit that whenever a question of release of such fund would arise, the Government will have to look into first its own other commitments before releasing fund for the minority institution or other institutions receiving grant-in-aid. 6 This Court has been informed by the counsel for the State that the concept of payment of monthly salary to the teachers of non-governmental institution including minority school has already been introduced and the Government has already taken a decision to this effect. So far the claim for payment of other allowances at par with the Government servant is concerned, the Government is likely to again reconsider the whole issue and release the fund as per its own commitment towards the fixed expenditure. This Court, therefore for the time being will not make a final pronouncement on the issue but would leave the matter for the State Government to decide. That being so, these two writ applications are disposed of with an observation and liberty that the petitioners may approach the concerned authorities of the State Government for both release of monthly salary as also grant of the allowances at par with the government servants for which the Government had already issued circulars from time to time. 7 With the aforementioned observations and liberty both of these writ applications are disposed of. Rsh (Mihir Kumar Jha, J.)