IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11837 of 1997 1. Laldeo Prasad Yadav, Son of Sri Asheshwar Prasad Yadav, Assistant Teacher, Girls’ Primary School, Babhani, Anchal Singheshwar, District-Mdhepura. 2. Mahesh Choudhary, Son of Late Anant Choudhary, Assistant Teacher, Primary School, Sagnaha Anchal Singheshwar, District-Madhepura. -Petitioners. VERSUS 1. The State of Bihar through the Under Secretary, Department of Secondary, Primary and Adult Education, Government of Bihar, Patna. 2. The Secretary, Department of Secondary, Primary and Adult Education, Government of Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The District Magistrate, Madhepura. 5. The District Superintendent of Education, Madhepura. –Respondents. ----------- For the Petitioner : Mr. Pramod Mishra. For the State : Mr. Abhinay Raj, AC to GP-IX. ------------- 03 31.08.2010 The petitioners were matriculate untrained teachers in a private school duly appointed by the Governing Body. They had been appointed on 13.06.1970 and their appointment had been approved by the Director Primary Education on 22.08.1980. After the take over of the School, as salary was not being paid to the petitioners, petitioners approached this Court in C.W.J.C. No.8907 of 1992, which was disposed of by order dated 29.01.1993 with a direction to the respondent-Director, Primary Education to pass necessary orders. The Director instead of himself passing the order referred the matter to the State, who after considering the facts, even though, noticed that the appointment was made as untrained matriculate teacher prior to 01.01.1977, permitted payment of salary with effect from 27.03.1995 i.e. the date when the letter was issued. Petitioners’ grievance is that they are entitled to payment of salary from 22.08.1980, the day their services were approved by the State, up to 26.03.1995. A counter affidavit has been filed where there is no - 2 - controversy of facts, all that is said is that salary would be payable from the day it is ordered to be paid without any justification as to why it would be paid with effect from 27.03.1995 and not prior to that, even though it is not denied that the petitioners’ services were duly approved by the Director, Primary Education on 22.08.1980. Learned counsel for the petitioners has placed reliance in the case of Sheo Ram Chaudhary Vs. The State of Bihar & others Since reported in 2000(2) PLJR 208. Having perused the judgment, in my view, the judgment fully applies to the facts of the present case. The case there was also identical. There also the letter of the State clearly stated that payment of salary would be made from the date the order was being passed. This Court disapproved the said stand and held that the salary would be paid if appointment was approved by the State. Thus, the decision on all fours applicable to the petitioners. Having considered the matter, I have no option but to direct that the petitioners are entitled to salary as untrained matriculate teacher for the period 22.08.1980 up to 26.03.1995. They would, thus, be entitled to full remuneration accordingly for the said period. State is directed to make arrangement for payment of the same within three months from date of production of a copy of this order before the Director, Primary Education and, if it is not paid within the said period of three months, then it would become payable with simple interest @ 6% per annum from the date it was due. The writ petition is, accordingly, allowed. Trivedi/ (Navaniti Prasad Singh, J.)