IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.7171 OF 1999 1.MD.HASHSHAM TARIQUE, S/O LATE MD. FARIDUL HAQUE, R/O VILLAGE MANIARPUR, P.S WARISNAGAR, DISTRICT SAMASTIPUR. 2.ANJUMAN ARA, D/O MD. SULAIMAN, R/O AKHTAR VILLAS NAWAB ROAD, MOHALLA CHANDWARA, P.S. TOWN, DISTRICT MUZAFFARPUR. 3.NURAISA BANO, D/O MD. ISMAIL, R/O MOHALLA JAIL CHOWK, CHANDWARA, P.S TOWN, DISTRICT MZAFFARPUR. 4.ASHA SINHA, W/O GANESH PRASAD VERMA, R/O MADNANI FLAT LANE, P.S MITHANPURA IN THE TOWN OF MUZAFFARPUR. 5.SUSHMA JAISWAL, W/O K.B. CHAUDHARY, R/O MOHALLA CLUB ROAD, P.S MITHANPURA IN THE TOWN AND DISTRICT OF MUZAFFARPUR. 6.HUSN ARA FAROOQUI, W/O JAWED ALAM, R/O BINDESHWARI COMPOUNF, MOHALLA CHANDWARA, P.S TOWN, DISTRICT MUZAFFARPUR. 7.NASREEN AKHTARI, W/O SHAMIM AKHTAR, RESIDENT OF MOHALLA CHANDWARA, P.S. TOWN, DISTRICT MUZAFFARPUR. 8.SEEMA, W/O BINOD KUMAR, R/O MOHALLA CLUB ROAD, P.S MITHANPURA IN THE TOWN AND DISTRICT MUZAFFARPUR. 9.ASMAT ARA, D/O SHAMIM AHMAD, R/O MOHALLA CHANDWARA, P.S TOWN, IN THE TOWN AND DISTRICT MUZAFFARPUR. 10.MD. MANZAR IMAM, SON OF MD. AIYUB, R/O VILLAGE CHAINPUR BANGRA, P.S MANIARI, DISTRICT MUZAFFARPUR. 11.SAKINA W/O HABIBUR RAHMAN, R/O MOHALLA CHANDWARA, P.S TOWN, DISTRICT MUZAFFARPUR. 12.MD. KHURSHEED ALAM, S/O MD. NAWAB, R/O VILLAGE DANIYALPUR, P.S. TEGHRA, DISTRICT BEGUSARAI. PETITIONERS NO. 1 TO 9 ARE TEACHERS, PETITIONER NO. 10 IS CLERK AND PETITIONERS NO. 11 AND 12 ARE PEONS IN URDU GIRLS HIGH SCHOOL, CHANDWARA, P.S. TOWN, DISTRICT MUZAFFARPUR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY, FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3.THE SECRETARY, SECONDARY AND PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA. 2 4.THE DIRECTOR, SECONDARY EDUCATION, NEW SECRETARIAT, PATNA. 5.THE DISTRICT EDUCATION OFFICER, MUZAFFARPUR. ………………………RESPONDENTS. ----------- 05/ 05.08.2011 No one appears for the petitioners. Counsel for the State is present. From perusal of the report it would appear that the petitioner’s grievance in this writ application remains confined to payment of salary and to that extent the relief prayed by the petitioner in paragraph no. 1 reads as follows:- “For issuance of appropriate writ/order of direction commanding the respondents to make full payment of salary on monthly basis from Treasury to the petitioners who are teaching and non-teaching staffs of Urdu Girls High School, Chandwara, Muzaffarpur which is a recognized minority School. II. For issuance of appropriate writ/order or direction commanding the respondents to make payment of arrear salary since July 1998 to the petitioners which has not been paid to them. III. For issuance of appropriate writ/order or direction commanding the respondents to make payment of teaching allowance, regional allowance, interim relief, bonus, uniform allowance to Class IV staffs, Leave Travel Concessions, Group Insurance Coverage and contingency etc. to the petitioners like Government Nationalised High Schools. IV. For issuance of appropriate writ/order of direction commanding the respondents to give all facilities of Government Nationalised High Schools concerning salary, interim relief, 3 earned leave after retirement, payment of leave travel concession, Bonus, D.A and T.A, two days special leave to lady teachers etc., to the employee working in the school. V. For issuance of appropriate writ/order or direction commanding the respondents to make payment to the petitioners the amount of enhancement of salary, D.A etc. time to time as per with Nationalised High Schools in the State. VI. For issuance of appropriate writ/order or direction commanding the respondents to make payment of all arrears salary from 1981 and also grant any other relief for which the petitioners are found entitled in the opinion of this Hon’ble Court at the time of hearing.” From the counter affidavit on record, it would be clear that some of the grievances of the petitioners had been redressed and that for rest of them they were awaiting the result of civil review application no. 83 of 2000 arising out of C.W.J.C No. 8084 of 1998 involving similar questions with regard to payment of salary for the teaching and non-teaching staff of the Minority School. This Court, therefore, would direct the Director Secondary Education, to look into the grievances of the petitioners and take a decision as with regard to the grievances made in this writ application. It is however, made clear that as this writ 4 application was filed on 30.07.1999, the petitioners would not be entitled to claim arrears of salary from 1981 and their such arrears of salary, if, at all found payable would be paid from 30.07.1996, onwards being a period of three years in which even money claim could have been entertained by the Civil Court. Simply because the petitioners have moved in writ jurisdiction , they cannot have the liberty of raising a stale matter of payment of salary from 1981 which would make the cause of action belated by 18 years. With the aforementioned observations and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)