IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6337 of 1995 LALLAN PRASAD SINGH,S/O LATE BINDESHWARI SINGH, R/O VILLAGE AND P.O. TINKONI, P.S. DARPA, DISTRICT EAST CHAMPARAN. ...............PETITIONER. Versus 1.THE STATE OF BIHAR. 2.THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3.THE REGIONAL DEPUTY DIRECTOR, MUZAFFARPUR. 4.THE DISTRICT SUPERINTENDENT OF EDUCATION, EAST CHAMPARAN, MOTIHARI. ...............RESPONDENTS. ----------- 05/ 27.06.2011 Having heard counsel for the parties, this court is of the considered opinion that the prayer of the petitioner in this writ application for fixing his seniority w.e.f 01.06.1971 on the post of teacher in Sadho Gandhi Middle School, Tinkoni as also for the consequential benefits in the form of salary, allowances etc. must be rejected in view of the earlier inter party judgment in the case of the petitioner himself dated 07.07.1993 in C.W.J.C. NO. 761 of 1984, wherein this Court had held the petitioner entitled for take over of his service only w.e.f. 17.01.1977 in the following terms:- “Following the aforesaid two decisions I set aside the order passed by the Director (School Education), Bihar, Patna vide his letter, dated 8th July, 1976, as contained in Annexure-10. It is held and declared that the 2 services of the petitioner should be deemed to have been taken over by the State Government with effect from 17.01.1977 with the take over of the school. It is, accordingly, directed that the petitioner must be allowed to join the school and paid his due current salary within two months from the date of production/receipt of a copy of this order. His seniority etc. shall be reckoned taking 17/1/1977 is the date on which his services were taken over by the State Government, However, in so far as the back wages are concerned I am not inclined to give any direction for payment of back wages for the entire period. This is for the simple reason that this writ application has remained pending in this Court for more than nine years and it will not be fair to burden the State Exchequer on account of delay for which it is not responsible. I, accordingly, direct that the petitioner shall be paid his due salary from 17.01.1977 to the date of the filing of this writ application, i.e. 11.02.1984;thereafter his salary will be paid from the date of his rejoining the school.” Once this aspect becomes clear that this Court on an earlier occasion did not find the petitioner eligible for being granted the benefit of take over of his service and payment of salary with effect from the alleged first date of the joining i.e. 01.06.1971, the petitioner being bound by the principles of res judicata and constructive res judicata cannot now claim such benefit in the second round of 3 litigation. Moreover, Section-4 of Bihar Non Government Elementary School (Taking over the Management and Control) Act 1976 hereinafter referred to as the Act, itself envisages that category of the schools taken over Under Section-3 (3) of the Act will be governed by the terms and conditions to be imposed by the State Government for such take over. In the case of the petitioner, from Government order of take over dated 03.01.1977, it is clear that the school of the petitioner was to be taken over only w.e.f. from the date of handing over of assets of the school, which also has been recorded in the earlier Judgment, in the case of the petitioner himself to be 17.01.1977. Such take over of the school of the petitioner therefore, being in terms of Section 3(3) of the Act will have to be held only w.e.f the date, the Government had taken over the School i.e. 17.01.1977. Only under Section-3(1) of the Act the services of the teachers of such School could be taken over invariably w.e.f 01.01.1971. The School of the petitioner definitely did not fall in the category of 4 Schools taken over under Section-3(1) of the Act and therefore the petitioner can not claim benefit of takeover of his service w.e.f. 1.1.1971. Thus, this Court does not find any merit in the application and the same is, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J)