IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13699 of 2009 1. JWALA PRASAD SHARMA S/O LATE KRISHNA NAND SHARMA VILL- GOPALPUR, P.S. NAUBATPUR, DISTT. PATNA, AT PRESENT WORKING ASSTT. TEACHER (SCIENCE) IN SWAMI BASUDEVACHARYA SANSKRIT HIGH SCHOOL, TARETPALI, P.S. NAUBATPUR, DISTT. PATNA …………….. PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY, PRIMARY, SECONDARY AND MASS EDUCATION, GOVT. OF BIHAR, PATNA 3. THE SPECIAL DIRECTOR (SECONDARY EDUCATION), BIHAR, PATNA 4. THE CHAIRMAN, BIHAR SANSKRIT SIKSHA BOARD, PATNA 5. THE SECRETARY, BIHAR SANSKRIT SIKSHA BOARD, PATNA ……………….. RESPONDENTS. ----------- 02/ 25.01.2010 Heard counsel for the petitioner and counsel appearing for Bihar Sanskrit Shiksha Board. Petitioner was selected for the post of Science Teacher by the Managing Committee of Swami Basudevacharya Sanskrit High School, Taretpali, Naubatpur, Patna vide Proposal No. 5 dated 23.1.1972. Petitioner was appointed on Probation for one year, which was also approved by Sanskrit Shiksha Board vide Memo no. 2767 dated 2.5.1972. He was permanently appointed as Science Teacher by the Managing Committee vide Proposal No. 2 dated 22.2.1973 and the Secretary, Bihar Sanskrit Shiksha Board, Patna vide order contained in Memo No. 1249 dated 29.5.1973 approved the permanent appointment of the petitioner as Science Teacher. Petitioner’s case is that the School, namely, Swami - 2 - Basudevacharya Sanskrit High School, Taretpati, Naubatpur, Patna has 7 + 2 sanctioned post, according to staffing pattern. The School in question was taken over by Ordinance No. 32/89, whereby 429 Sanskrit Schools were taken order by the State Govt. It has been submitted by the petitioner that the State Government created the Science teacher’s post for the school in question in the year, 1970 vide order no. 340 dated 20.3.1970 and for that aid was also given by the State Government. Petitioner’s appointment was within the sanctioned strength and he was paid his salary from 1973 to December, 1995. He is still working but after December, 1995 he is not being paid his salary. It has been submitted by the petitioner’s counsel that the case of the petitioner is identical to the case of petitioner in C.W.J.C. No. 9322 of 2009. I find that similar issue has been decided by this Court in C.W.J.C. No. 9322 of 2009, where it is held that “On perusal of the earlier judgments of this Court passed in C.W.J.C. No. 8437 of 1999, and the order passed by the L.P.A. Bench, in L.P.A. No. 715 of 2000 as - 3 - well as the latest decision (Annexure-10) passed in C.W.J.C. No. 12517 of 2005, it is apparent that case of the petitioner is fully covered by these judgments. Petitioner’s appointment was made in the year, 1974 much before the 1989 Ordinance. The Supreme Court also in such cases, has directed to make payment of salary in the old rate prior to the enforcement of the Ordinance i.e. in the 1989 scale. Petitioners in the earlier writ petition were also not paid their salary 1995 for the reasons that the state government has challenged the judgment passed in Subhash Chandra’s case before Supreme Court. In the judgment annexed as Annexure- 10, this issue has been considered and a direction has been issued to the State Government to pay salary to the persons working against sanctioned posts and since the Supreme Court had also issued same direction to the State Government even though the matter is before the Supreme Court and pending for final disposal.” Case of the petitioner is identical, as such it is allowed giving direction to the State respondents as well as Bihar Sanskrit Shiksha Board to make payment of salary to - 4 - the petitioner in the old rate with effect from January, 1996 till date. Arrears of salary since January, 1996 till date should also be paid and the current payment on continuation basis must be paid to the petitioner within eight weeks from the date of production/communication of this order. DKS/ (Mridula Mishra, J.)