IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7655 of 2008 BABAN PRASAD SINHA, S/O RAM DEV SINGH, R/O VILLAGE-MALICHAK, P.S.-PARASBIGHA, DISTRICT- JEHANABAD. …………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA. 2. DIRECTOR, PRIMARY EDUCATION-CUM-DEPUTY SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT GOVERNMENT OF BIHAR, PATNA. 3. DEPUTY DEVELOPMENT COMMISSIONER DISTRICT-JEHANABAD. …………RESPONDENTS. ----------- 3 23.08.2011 Petitioner has filed this writ application for a direction to the respondents for payment of arrears of salary from the date of his appointment in Amarshahid Jagdev Kanya Madhya Vidyalaya Malichak, Kinjar, Jahanabad and pay him salary on month to month basis at par with the other teachers of other taken over schools. From the facts it appears that the School was provisionally recognized long time back for some period. Thereafter there was litigation before the Civil Court in which a common Suit of four schools was allowed and decree was issued directing the State Government to take-over the School. That judgment and decree is dated 21.10.1982. The 2 State Government having not complied with decree nor having appealed against the same, a writ application was filed before this Court by one of the schools involved in the Title Suit, namely, CWJC No.4799 of 1994 on the basis of the said decree for a direction to the respondents to take-over the School. The said writ application was dismissed on 24.02.1995, vide Annexure-A, holding that the decree was contrary to law and hence not executable in view of the Apex Court judgment reported in AIR 1981 SC 2011. Thus, the decree on which the petitioner relies, having been held contrary to law by this Court, it is not open to the present petitioner to seek any relief on the basis of the same. In the circumstances, the School having not been taken-over by the respondents till now, this Court cannot direct the respondents to pay the salary of the petitioner. However, it is open to the State Government to consider the proposal of take- over of the School in question independently, on its own merits and in accordance with law and take a final decision on the same. If any 3 such proposal is pending with the respondents, it is expected that they will take a final decision, either way, as early as possible and preferably within a period of four months from the date of receipt/production of a copy of this order. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)