IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1811 of 2002 1. AVINASH KUMAR, S/O LATE DAHU MAHTO AT PRESENT POSTED AS ASSISTANT TEACHER GIRLS MIDDLE SCHOOL KOWAKOL, P.S.-KOWAKOL, DISTRICT-NAWADAH. 2. MUKESH CHANDRA CHOUDHARY, S/O LATE DWARIKA PRASAD SINGH AT PRESENT POSTED AS ASSISTANT TEACHER PRIMARY SCHOOL SARAUNI, P.S.-KOWAKOL, DISTRICT-NAWADAH. 3. DAYA SHANKAR PRASAD SINGH, S/O LATE SRI RAMJI PRASAD SINGH, AT PRESENT POSTED AS ASSISTANT TEACHER MIDDLE SCHOOL, DHAMANI, P.S.-KOWAKOL, DISTRICT-NAWADAH. 4. BHUPENDRA PRASAD, S/O LATE BISHUNDEO PRASAD AT PRESENT POSTED AS ASSISTANT TEACHER DHODHA, P.S.-PAKARI BAROWAN, DISTRICT- NAWADAH. 5. BALMIKI PANDEY, S/O LATE BRAHAMDEO PANDEY, AT PRESENT POSTED AS ASSISTANT TEACHER PRIMARY SCHOOL BADALPUR, P.S.-NARHAT, DISTRICT-NAWADAH. 6. PRMANAND PRASAD, S/O LATE RAMCHANDRA PRASAD, AT PRESENT POSTED AS PRIMARY SCHOOL JAMUAMA, P.S.-WARSALIGANJ, DISTRICT-NAWADAH. 7. ANIL KUMAR, S/O LATE BALESHWAR SINGH, AT PRESENT POSTED AS CHANDAN CHHAPRA, P.S.- RAJAULI, DISTRICT-NAWADAH. ………PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF PRIMARY EDUCATION AND ADULT EDUCATION, GOVERNMENT OF BIHAR (EARLIER KNOWN AS HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR). 2. SPECIAL SECRETARY, DEPARTMENT OF PRIMARY SECONDARY AND ADULT EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 4. DISTRICT SUPERINTENDENT OF EDUCATION, NAWADAH. ………………RESPONDENTS. ----------- 7 17.02.2010 In this writ application the petitioners, in sum and substance, have prayed for a direction to the respondents to pay them 2 full salary of the period during which under the orders of the authorities they have under-taken training. It is stated that the petitioners were appointed by the respondents as untrained teachers on compassionate ground and thereafter on the specific orders they were sent for training. They have completed their training and joined back the posts and they have continued in service. However, under the orders by which they were sent for training, they were held entitled for only stipend of Rs.50/- per month. It is submitted by learned counsel for the petitioners that since the petitioners have gone for training under the orders of the respondents, they were entitled for full salary of the period and counting of the period towards their continued service. In this context, learned counsel for the petitioners refers to a judgment of this Court passed in CWJC No. 11595 of 1993 on 1.7.1997 by which, in similar circumstances, the writ application was allowed and the respondents were directed to pay full salary of the appointees. He has also drawn the attention of this Court towards another judgment of this court passed in CWJC No. 6245 of 1998 on 3 27.7.1999. Copies of the judgments are annexed as Annexures-4 and 5 to this writ application. Learned counsel for the respondents does not dispute that the judgments squarely cover the cases of the petitioners. In the circumstances, following the judgments passed by this Court, as contained in Annexures-4 and 5, this writ application is also allowed and the respondents are directed to pay full salary of the petitioners of the period of training and count their services towards their regular service with all other benefits. The dues of the salary shall be paid to the petitioners preferably within a period of three months from the receipt/production of a copy of this order. Arvind/ (J. N. Singh, J.)