IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14470 of 2009 YOGENDRA PRASAD YADAV, Son of Late Mahavir Yadav, resident of village-Daha, P.O.-Babhani, P.S.-Gamharia, District-Madhepura; presently posted as Assistant teacher, Middle School, Chikni Ramgarh, Anchal- Singheshwar, District-Madhepura. ………….Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna. 2. The Director, Department of Primary Education, Government of Bihar, Patna. 3. The Regional Deputy Director of Education, Saharsa. 4. The District Magistrate, Madhepura. 5. The District Superintendent of Education, Madhepura. ……………Respondents. ----------- 2/ 03.02.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s case is that he was appointed on the post of Assistant Teacher by the Managing Committee of Lower Primary School, Belahi, Anchal-Singheshwar, District-Saharsa, by issuing appointment Letter dated 14.06.1970. The petitioner gave his joining and started discharging duties. The school in question was taken over by the Government under the provisions of Bihar Non- Governmental Elementary Schools (Taking over of Control) Rules, 1976 and his service was approved by the Director, Department of Primary Education, Government of Bihar, Patna vide his Letter No. 3223 dated 12.11.1980 as an Assistant Teacher in matric trained pay scale, but payment of salary in the matric trained scale was not being made. For redressal of this grievance, earlier petitioner and other teachers, moved before this Court in C.W.J.C. No. 745 of 1993 which was disposed of vide order dated 29.07.1993 with - 2 - some observation and direction. Thereafter, the petitioner and others filed their representation, in the light of the order dated 29.07.1993 of the Hon’ble High Court. Despite the fact that petitioner’s service had been already approved w.e.f. 12.11.1980 The Secretary, Department of Secondary, Primary and Adult Education re-considered the case of the petitioner and passed fresh order of approval vide Memo No. 84 dated 24.02.1995. The service of the petitioner was approved with effect from the date of the issuance of the order i.e. 24.02.1995. Petitioner was paid his salary with effect from 24.02.1995 but his salary for the period 12.11.1980 to 24.02.1995, on account of approval of his service by Director’s Letter No. 3223 dated 12.11.1980, remain unpaid. Petitioner’s case is that in the similar circumstance, one Sheo Ram Choudhary came before this Court in C.W.J.C. No. 230 of 1998, for a direction to make payment of salary for the intervening period i.e. period in between to approval orders. The writ application was disposed of vide order dated 05.05.1999 and the issue regarding re-approval of service by the Secretary, ignoring the earlier approval of service by the Director, Primary Education dated 12.11.1980 was considered. It was held that there was no justification for fresh approval in case the service of the petitioner had already been approved by the Director, Primary Education on 12.11.1980. The direction was issued for making payment of salary for the period in between 12.11.1980 and the subsequent date of approval. - 3 - Petitioner’s case is that for similar relief he has also approached this court. Petitioner case is that on account of approval of his service by the Director, Secondary Education vide order dated 12.11.1980 contained in Letter No. 3223, his entitlement for salary, for the period in between 12.11.1980 and 24.02.1995 cannot be questioned, but till date he has not been paid salary for this period. Considering the facts and circumstances of the case, the prayer of the petitioner is being allowed. The respondent Nos. 2, 3 and 5 i.e. the Director, Department of Primary Education, District Superintendent of Education, Madhepura and the Regional Deputy Director of Education, Saharsa, are directed to make payment of arrears of salary to the petitioner for the period in between 12.11.1980 to 24.02.1995. Payment must be made to the petitioner, preferably within eight weeks from the date of production/communication of this order. Sanjeet/ (Mridula Mishra, J.)