IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3155 of 2009 SMT.SHAKUNTALA JHA, WIFE OF SATYA NAND JHA, RESIDENT OF VILLAGE – LAHTA, P.O. LAHTA, P.S. MANIGACHHI, DISTRICT – DARBHANGA, AT PRESENT WORKING AS ASSISTANT TEACHER IN ADDITIONAL PRIMARY UNIT OF UPENDRA SAMAJ SEVA PRATHAMIK SAH UCHCHA SANSKRIT VIDYALAYA, LAHTA (MANIGACHCHI), DISTRICT – DARBHANGA. ………. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER CUM SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE SPECIAL DIRECTOR, SECONDARY EDUCATION (INCHARGE SANSKRIT), EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE BIHAR SANSKRIT SHIKSHA BOARD, EAST BORING CANAL ROAD, PATNA THROUGH ITS SECRETARY. 5. THE HEADMASTER, UPENDRA SAMAJ SEVA PRATHAMIK SAH UCHCHA SANSKRIT VIDYALAYA, LAHTA, P.O. PUTAI, DISTRICT – DARBHANGA. ………. RESPONDENTS. ----------- 03/ 04.07.2011 Heard counsel for the petitioner, the State and the counsel appearing for Bihar Sanskrit Shiksha Board. Petitioner’s prayer is for a direction to the respondents Bihar Sanskrit Shiksha Board for making payment of arrears of salary since January, 1996 till date and month to month current salary. Petitioner was appointed as Assistant teacher in Upendra Samaj Seva Prathamik Sah Uchcha Sanskrit Vidyalaya, Lahta in the district of Darbhanga, which belongs to 429 category of schools which had been taken over by the Ordinance No. 32 of 18.12.1989 Petitioner is working as an Assistant teacher in the primary section 2 of the school, which is a sanctioned post. As submitted by the petitioner’s counsel as well as counsel appearing for the Bihar Sanskrit Shiksha Board that in view of the order passed by the Division Bench reported in 1994(2) P.L.J.R. 359 and the order passed by the Apex Court, all teaching and non-teaching employees working in such Schools prior to 18.12.1989, will be paid their salary as usual as they were being paid in the year 1989, till the matter pending before the Supreme Court is disposed of. Counsel for the petitioner annexed an order passed in L.P.A. No. 715 of 2000, wherein also it has been directed that the petitioners will continue to get their salary till further orders of the Supreme Court in the same pay scale which was applicable at the time of the promulgation of Ordinance dated 18.12.1989. In this view of the matter, this application is disposed of. The Respondents, Bihar Sanskrit Shiksha Board and the Special Director, Secondary Education (Incharge Sanskrit), Education Department, Govt. of Bihar are directed to make payment of entire arrears of salary to the petitioner as per the direction of the 3 Supreme Court, which has been paid to her with effect from January, 1996 till date. The respondents will continue to make payment of salary to the petitioner till further orders by the Supreme Court. All payments must be made within eight weeks from the date of communication/production of this order. DKS/ (Mridula Mishra, J.)