IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6990 of 2000 SANTOSH KUMAR & ORS Versus THE STATE OF BIHAR & ORS --------------- For the petitioners: Mr Rajendra Prasad Singh no.5 For the respondents: Mr P.K.Singh --------------- 6 29.9.2008 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are/were assistant teachers in Nationalized Primary Schools. Petitioner no.1 died during the pendency of the writ petition and her heirs are on record. The dispute as to whether the decision of the State Government to determine the salary of such teachers in accordance with the fundamental rules as per Government Resolution dated 18.12.1989 and Government Notification dated 20.2.1993 is in accordance with law or not has already been decided in favour of the State by a Division Bench judgnt in the case of Vijay Kumar Singh & ors vs. State of Bihar & other analogous cases which has been reported in 2002(3) PLJR 808.That judgment permitted recovery of excess payment from the concerned employees in convenient instalments. Learned counsel for the State has fairly submitted that some of the teachers preferred Special Leave petition before the Hon’ble Supreme Court against the aforesaid judgment of the Division Bench and on that account the Civil Appeal no. 23147-23150 of 2002 is still pending before the Hon’ble Supreme Court and in those cases the Hon’ble Supreme Court has passed interim order to stay recovery of - 2 - the excess amount paid to their concerned teachers. In the light of the Division Bench judgment, sitting singally, this Court has no option but to dismiss the writ petition. This writ petition is accordingly dismissed in view of the law laid down in the case of Vijay Kumar Singh & ors vs. State of Bihar & ors (Supra). This Court was considering to pass an order that no recovery shall be made from the original writ petitioners of the excess amount paid to them till disposal of the related matter pending in the Supreme Court. However, learned counsel for the petitioners fairly submitted that already recovery has been effected from the petitioners during the pendency of the writ petition. In that view of the mater this Court is of the view that the case of the petitioners may be reconsidered by the authorities if they file an application to that effect if the judgment of the Supreme court pending in related matter is decided in favour of the teachers and against the State Government. It goes without saying if such a representation is filed then it should be disposed on in accordance with the view of the Supreme Court within a reasonable time. With the aforesaid liberty, this writ petition is dismissed. shahid (Shiva Kirti Singh, J)