IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1421 of 1996 BANGESH MISHRA Versus STATE OF BIHAR & ORS ----------- For the Petitioner :- Mr. Bijay Kr. Pandey, Advocate For the State :- Mr. Rana Iswar Chandra, J.C. to G.P.-13 Mr. Binay Kr. Pandey, Advocate, J.C. to S.C.-7 For the Respondent Sanskrit Shiksha Board :- Mr. Tej Bahadur Singh, Sr. Adv. Mr. Gyan Shankar. 4 2.9.2008 Heard the counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order contained in annexure-1 by which the Primary Unit to M.K.P. Sanskrit Primary- Cum- High School, Kataibojh, P.S.- Tiyar, District- Bhojpur has been cancelled. Learned counsel for the petitioner submits that after a lapse of the ordinance Bihar Non-Government Sanskrit Schools (Take Over of Management and Control) Ordinance, 1989, the Primary Unit stood restored. It is further submitted that all these questions are pending before the Supreme Court for adjudication and hence it cannot be finally decided until the decision is taken in this matter in the Supreme Court. For the present it appears that the Primary Units do not exist and are not 2 recognized by the Bihar State Government to be in existence. Regarding the teachers working in the Primary Units there is an order by the Special Director, Education in which it has been stated that teachers belonging to the Primary Unit of Sanskrit Schools would be paid their salary till de-notification of the Primary Unit by the Government. This Court had examined that letter in the context of another case i.e. CWJC No. 9743 of 1995(Sheo Kumar Mishra & Ors. Vs. State of Bihar & Ors.) A letter was issued on 23.6.1997 by the Secretary, Primary, Secondary & Adult Education wherein it has been stated that those teachers who were working against the additional posts in the Primary Sanskrit Schools would be entitled to salary from 18.12.1989 to 21.12.1995. Considering this fact, the petitioner may file a representation before the Director, Primary, Secondary & Adult Education within a period of two weeks on receipt of this order and the Director, Primary, Secondary & Adult Education shall dispose of the representation, if filed, with respect to the payment of salary 3 if the petitioner has been found to be working in the said school during the period in question and subject to the fact that the school was found ‘Anukul’. The representation should be disposed of within a period of four months on receipt/production of the order. This writ application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)