IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6381 of 1997 1. PARMA NAND THAKUR, son of Sri Lakhan Lal Thakur, Headmaster, Babu Nandan Sanskrit Prathmik Sah Madhya Vidyalaya Anchal Phulparash, District Madhubani 2. Surendra Narain Jha, son of late Babu Nandan Jha, Assistant Teacher of the aforesaid school 3. Bhupendra Narain Jha, son of late Babu Nandan Jha, Assitant Teacher 4. Smt. Subh Kala Devi, wife of Sri Baleshwar Jha, Assistant Teacher 5. Kameshwar Jha, son of Deo Nandan Jha, Assistant Teacher 6. Bhola Jha, son of late Damodar Jha, Assistant Teacher 7. Ratan Yadav, son of Bindeshwar Yadav, Peon of the aforesaid school … Petitioners Versus 1. THE STATE OF BIHAR 2. The Secretary cum Commissioner Human Resources Development Department, New Secretariat, Patna 3. The Under Secretary, Secondary primary and Adult Education, Govt. of Bihar, New Secretariat, Patna 4. The Special Director (Secondary Education) Incharge Sanskrit Education New Secretariat, Patna 5. The Bihar Sanskrit Shiksha Board East Boring Road, Patna through its Secretary 6. The District Magistrate, Madhubani … Respondents ----------- 4. 20.5.2011 No one appears for the petitioner. Counsel for the State and the Board are present. From the perusal of the record and the prayer made in this writ application reading as follows: “(i) For quashing the impugned order of the State of Bihar, Secondary, Primary and Adult 2 Education bearing no. 891 dated 30.11.1995 issued by respondent no.3 (the Additional Secretary) so far it relates with the petitioners school and also for quashing the order bearing Memo no. 161 dated 26.12.1995 passed by the respondent no.4 based on the letter no. 891 dated 30.11.1995, whereby the recognition of the petitioners school, namely, Babu Nandan Sanskrit Prathmik Sah Madhya Vidyalaya, Dhanauja (Phulparash) District Madhubani has been cancelled with effect from 18.12.1989 and the payment of salary to the petitioners who are the approved teaching and non- teaching staffs of the said school, has been stopped with effect from 18.12.1989 itself. (ii) For a direction to the respondents to make payment of due salary to the petitioners till 30.11.1995 and then uptodate without giving retrospective effect to the aforesaid letter as held by this Hon‟ble Court in the judgment and order dated 13.2.1996 passed in M.J.C.No. 1206 of 1994 which has been confirmed by the Hon‟ble Supreme Court in its order dated 28.4.1997 passed in S.L.P. (Civil) No. 5373 of 1997.” 3 it would appear that the petitioners school, namely, Babu Nandan Sanskrit Prathmik Sah Madhya Vidyalaya, Dhanauja (hereinafter referred to as „the School‟) is one of the 429 Sanskrit school which were taken over by Ordinance No. 32/1989 and remained as a Government school from 18.12.1989 to 30.4.1992 whereafter when the Ordinance was not further re-promulgated and as such all such schools again became private recognized Sanskrit school. It is not in doubt that payment of salary in these private recognized Sanskrit school was being made from 1.4.1981 from the funds of State Government and the same facility had also continued after the school became again private schools. The matter relating to payment of salary of these type of Sanskrit school in fact was decided by the Division Bench of this Court in the case of Subhash Chandra & ors. vs. the State of Bihar & anor., reported in 1994(2) PLJR 359, and the matter thereafter has been taken to the Supreme Court by the State of Bihar wherein presently the matter is pending before seven Judges Bench. 4 In that view of the matter, the teaching and non-teaching teachers, who were getting salary prior to 18.12.1989 would continue to get such salary till the schools remain recognized. Counsel for the State would point out that the recognition of this school alongwith 85 other Pratikul school were subsequently cancelled in the year 2002 and therefore, payment of salary to approved teaching and non-teaching staff who were receiving payment of salary prior to 18.12.1989 was made only up to the date of recognition of the school. In that view of the matter, this writ application is also disposed of with a direction to the respondents to consider the case of the petitioners for payment of salary and if it is found that the petitioners were also receiving their salary prior to 18.12.1989 they would be paid their salary up to the date the recognition of the school was valid. This, however, will be subject to the Managing Committee presenting the bill to the Board showing continued working of 5 the petitioners in the school. Such exercise, therefore, must be completed within a period of six months from the date of receipt/ production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/