IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15974 of 2006 Shobha Kant Yadav, son of late Shri Dhaneshwar Yadav, Resident of Village Jamahra, P.S. Sonbarsa, Distt. Saharsa. (Since Dead) Versus 1. The State of Bihar. 2. Director, Primary Education, Govt. of Bihar, Patna. 3. Secretary, Human Resources and Development, Govt. of Bihar, Patna. 4. Collector, Supaul. 5. District Superintendent of Education, Saharsa. 6. District Superintendent of Education, Supaul. --------- Respondents ----------- 3 19.7.2011 Heard learned counsel for the parties. For the reasons mentioned in I.A. No. 5146 of 2009, the prayer of the petitioner for substituting the original writ petitioner, who had died on 10.4.2008 during pendency of this writ application, is allowed and his legal heirs mentioned in paragraph no.3 of the said application is directed to be substituted after deleting the name of the original writ petitioner. Coming to the merits of this case, learned counsel for the petitioner would submit that the case of the original writ petitioner Sobha Kant Yadav as with regard to relief in hand is exactly identical to that of one Ramesh Prasad Yadav, both of whom had received the approval of their services on 2 the post of Teacher in Primary School, Haripur Nirmali, Saharsa under the common order of the Director, Primary Education cum Additional Secretary dated 3.12.1988. He has further submitted that Ramesh Prasad Yadav had moved this Court in CWJC No. 2609 of 2004 for the same relief, which has been prayed by the original writ petitioner in this writ application. There is no counter affidavit on behalf of the State in this case and in such a situation, this Court would remit the matter, relating to the original writ petitioner late Shobha Kant Yadav, back to the Director, Primary Education with the same direction as was given in the case of Ramesh Prasad Yadav vide order dated 8.11.2010 in a batch of writ petitions, CWJC No. 2560 of 2004 Satyadeo Prasad Gupta and its analogous cases including that of the aforementioned Ramesh Prasad Yadav being CWJC No. 2609 of 2004. That being so, the substituted petitioners are given liberty to approach the Director, Primary Education by filing their separate representation giving out details of the appointment and other necessary facts 3 regarding take over of the school of late Shobha Kant Yadav and the Director, Primary Education, thereafter, having obtained the report from the concerned controlling field officer/Education Establishment Committee, will take his own decision and pass his separate order in terms of Section 3 & 4 of the Bihar Non-Government Elementary School (Take over of Control) Act, 1976. Any financial benefit to the substituted petitioners would strictly abide by the decision to be taken by the Director, Primary Education. It is, however, made clear that if it is found that the services of the Shobha Kant Yadav were never taken over as per the provision of the Take Over Act, there would be no question of payment of salary but, on the other hand, if it is found that the services of Shobha Kant Yadav were duly taken over and that he was also qualified in terms of the three conditions imposed in the letter of the Director, Primary Education dated 8.12.1992, the decision would also be taken for payment of admissible salary in accordance with law. In view of the fact that the 4 original petitioner had filed this writ application on 22.12.2006, while continuing in service, this Court would direct the Director, Primary Education to pass the final order within a period of six months from the date of filing of their representation by the substituted petitioners. With the aforementioned observations and direction, this writ application is disposed of. Rsh (Mihir Kumar Jha, J.)