IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12412 of 2002 1.ARVIND KUMAR son of Sri Ramchandar Chaudhary Resident of Punjabi Colony, Dharampur P.S. and District-Samastipur, Assistant Teacher, Millat Academy, Samastipur. 2.Md. Rustam Ali son of Late Md. Gulab Resident of Mohalla-Magardahi, P.S. and District Samastipur. Assistant Teacher, Millat Academy, Samastipur. 3.Md. Shakir Husain son of Late Md. Tahir Resident of Punjabi Colony, Dharampur. P.S. and District Samastipur. Assistant Teacher, Millat Academy Samastipur. 4.Krishna Deo Sah, son of Sri Munshi Lal Sah, Resident of village-Malti, P.S. Ujiarpur, District Samastipur. Assistant Teacher, Millat Academy, Samastipur. Versus 1.THE STATE OF BIHAR 2.Secretary, Secondary Education, Education Department, Bihar, Patna. 3.Director, Secondary Education Department, Bihar, Patna. 4.District Education Officer, Samastipur. ----------- 3 29/6/2010 Heard counsel for the petitioners and counsel for the State. Prayer of the petitioners in this writ application when it was filed on 1.11.2002 was to the following effect:- “That this application is being filed for issuance of appropriate writ or order or orders directing the respondents to make payment of salary to the petitioners from April 2001 onwards who were duly appointed as Assistant Teachers in Millat Academy Samastipur against the sanctioned posts.” Counsel for the petitioner, however, would submit that during pendency of this writ application the payment of salary of the petitioners have been made from April, 2009 onwards and therefore grievance of the petitioners now remains confined to payment of salary from the period April, 2001 to March, 2009. 2 Counsel for the State, however, with reference to some counter affidavit that has still remained with him and not filed before this Court nor copy served on the other side, would submit that the question of payment of salary of the petitioners was squarely dependent on the approval of the VIDYALAYA SEVA BOARD and as per his instructions the services of the petitioners have never received approval of the VIDYALAYA SEVA BOARD. He would submit that though the power of appointment in a Minority School has been vested with the Managing Committee but such appointment in order to bind the State Government for releasing payment of salary in form of grant-in- aid has to receive concurrence/approval of VIDYALAYA SEVA BOARD. He has, therefore, submitted that the petitioners were not paid salary from April, 2001 only due to want of approval of the VIDYALAYA SEVA BOARD. Mr. Shukla, learned counsel for the petitioners points out that the VIDYALAYA SEVA BOARD has already given approval of services of the petitioners with retrospective effect and on that basis petitioner’s current salary from April, 2009 onwards had also been released. Since there has been fresh development during the pendency of this writ application, this Court would direct the competent authority, namely, the District Education Officer, Samastipur to examine this aspect as to whether petitioners are entitled for payment of salary for the period from April, 2001 to 3 March, 2009 and in course of such examination he would not only be entitled to hold enquiry into the manner of appointment of the petitioners, but also the correctness of alleged retrospective approval of the services of the petitioners by VIDAYALAYA SEVA BOARD. If in course of such enquiry it is found that the petitioner’s appointment and approval was justified and in accordance with the provision of Section 18 of BIHAR RAJKIYA MADHYAMIK VIDAYALAYA PRABANDHAN AWAM NIYANTRAN ADHINIYAM, 1981 and the provisions of section 18 thereof was complied in letter and spirit and the petitioners have also worked, he would take an appropriate decision for payment of their salary for the period in question, i.e, April, 2001 to March, 2009. On the other hand if the D.E.O., Samastipur would find any infirmity in the appointment/approval of the service of the petitioners, he would reject their claim by recording reasons in brief and communicate the same to the petitioners individually by registered post. With the aforementioned observations/directions this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)